Kansas Session Laws Chapter 156

CHAPTER 156 HOUSE BILL No. 2092 (Amends Chapter 116) An Act concerning children and juveniles; amending K.S.A. 38-1542, 75-7007, 75-7021,
75-7023, 75-7032, 76-172 and 79-4803 and K.S.A. 1998 Supp. 38-1502, 38-1528, 38-
1543, 38-1562, 38-1565, 38-1583, 38-1602, 38-1604, 38-1624, 38-1636, 38-1640, 38-
1663, as amended by section 8 of chapter 187 of the 1998 Session Laws of Kansas, 38-
1664, 38-1673, 38-1681, 38-16,129, 46-2801 and 75-7024 and repealing the existing
sections; also repealing K.S.A. 75-7008 and 75-7009 and K.S.A. 1998 Supp. 38-1502, as
amended by section 42 of 1999 House Bill No. 2191, 38-1502c and 38-1602a.
Be it enacted by the Legislature of the State of Kansas:

New Section 1. (a) The Kansas youth authority established by K.S.A.
75-7008 prior to amendment by this act hereby is abolished.

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

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

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

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

New Sec. 2. (a) (1) Whenever a person is adjudicated as a juvenile
offender, the court upon motion of the state, shall hold a hearing to
consider imposition of a departure sentence. The motion shall state that
a departure is sought and the reasons and factors relied upon. The hearing
shall be scheduled so that the parties have adequate time to prepare and
present arguments regarding the issues of departure sentencing. The vic-
tim of a crime or the victim's family shall be notified of the right to be
present at the hearing for the convicted person by the county or district
attorney. The parties may submit written arguments to the court prior to
the date of the hearing and may make oral arguments before the court
at the hearing. The court shall review the victim impact statement, if
available. Prior to the hearing, the court shall transmit to the defendant
or the defendant's attorney and the prosecuting attorney copies of the
predispositional investigation report.

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

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

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

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

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

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

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

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

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

New Sec. 3. (a) A permanent guardian may be appointed after a find-
ing of unfitness pursuant to K.S.A. 38-1583 and amendments thereto or
with the consent and agreement of the parents.

(b) Upon appointment of the permanent guardian, the child in need
of care proceeding shall be dismissed.

Sec. 4. K.S.A. 1998 Supp. 38-1502 is hereby amended to read as
follows: 38-1502. As used in this code, unless the context otherwise in-
dicates:

(a) ``Child in need of care'' means a person less than 18 years of age
who:

(1) Is without adequate parental care, control or subsistence and the
condition is not due solely to the lack of financial means of the child's
parents or other custodian;

(2) is without the care or control necessary for the child's physical,
mental or emotional health;

(3) has been physically, mentally or emotionally abused or neglected
or sexually abused;

(4) has been placed for care or adoption in violation of law;

(5) has been abandoned or does not have a known living parent;

(6) is not attending school as required by K.S.A. 72-977 or 72-1111,
and amendments thereto;

(7) except in the case of a violation of K.S.A. 41-727, subsection (j)
of K.S.A. 74-8810 or subsection (m) or (n) of K.S.A. 79-3321, and amend-
ments thereto, or, except as provided in subsection (a)(12) of K.S.A. 21-
4204a and amendments thereto, does an act which, when committed by
a person under 18 years of age, is prohibited by state law, city ordinance
or county resolution but which is not prohibited when done by an adult;

(8) while less than 10 years of age, commits any act which if done by
an adult would constitute the commission of a felony or misdemeanor as
defined by K.S.A. 21-3105 and amendments thereto;

(9) is willfully and voluntarily absent from the child's home without
the consent of the child's parent or other custodian;

(10) is willfully and voluntarily absent at least a second time from a
court ordered or designated placement, or a placement pursuant to court
order, if the absence is without the consent of the person with whom the
child is placed or, if the child is placed in a facility, without the consent
of the person in charge of such facility or such person's designee;

(11) has been residing in the same residence with a sibling or another
person under 18 years of age, who has been physically, mentally or emo-
tionally abused or neglected, or sexually abused; or

(12) while less than 10 years of age commits the offense defined in
K.S.A. 21-4204a and amendments thereto.

(b) ``Physical, mental or emotional abuse or neglect'' means the in-
fliction of physical, mental or emotional injury or the causing of a dete-
rioration of a child and may include, but shall not be limited to, failing to
maintain reasonable care and treatment, negligent treatment or maltreat-
ment or exploiting a child to the extent that the child's health or emotional
well-being is endangered. A parent legitimately practicing religious beliefs
who does not provide specified medical treatment for a child because of
religious beliefs shall not for that reason be considered a negligent parent;
however, this exception shall not preclude a court from entering an order
pursuant to subsection (a)(2) of K.S.A. 38-1513 and amendments thereto.

(c) ``Sexual abuse'' means any act committed with a child which is
described in article 35, chapter 21 of the Kansas Statutes Annotated and
those acts described in K.S.A. 21-3602 or 21-3603, and amendments
thereto, regardless of the age of the child.

(d) ``Parent,'' when used in relation to a child or children, includes a
guardian, conservator and every person who is by law liable to maintain,
care for or support the child.

(e) ``Interested party'' means the state, the petitioner, the child, any
parent and any person found to be an interested party pursuant to K.S.A.
38-1541 and amendments thereto.

(f) ``Law enforcement officer'' means any person who by virtue of
office or public employment is vested by law with a duty to maintain
public order or to make arrests for crimes, whether that duty extends to
all crimes or is limited to specific crimes.

(g) ``Youth residential facility'' means any home, foster home or struc-
ture which provides 24-hour-a-day care for children and which is licensed
pursuant to article 5 of chapter 65 of the Kansas Statutes Annotated.

(h) ``Shelter facility'' means any public or private facility or home
other than a juvenile detention facility that may be used in accordance
with this code for the purpose of providing either temporary placement
for the care of children in need of care prior to the issuance of a dispos-
itional order or longer term care under a dispositional order.

(i) ``Juvenile detention facility'' means any secure public or private
facility used for the lawful custody of accused or adjudicated juvenile
offenders which must not be a jail.

(j) ``Adult correction facility'' means any public or private facility, se-
cure or nonsecure, which is used for the lawful custody of accused or
convicted adult criminal offenders.

(k) ``Secure facility'' means a facility which is operated or structured
so as to ensure that all entrances and exits from the facility are under the
exclusive control of the staff of the facility, whether or not the person
being detained has freedom of movement within the perimeters of the
facility, or which relies on locked rooms and buildings, fences or physical
restraint in order to control behavior of its residents. No secure facility
shall be in a city or county jail.

(l) ``Ward of the court'' means a child over whom the court has ac-
quired jurisdiction by the filing of a petition pursuant to this code and
who continues subject to that jurisdiction until the petition is dismissed
or the child is discharged as provided in K.S.A. 38-1503 and amendments
thereto.

(m) ``Custody,'' whether temporary, protective or legal, means the
status created by court order or statute which vests in a custodian,
whether an individual or an agency, the right to physical possession of
the child and the right to determine placement of the child, subject to
restrictions placed by the court.

(n) ``Placement'' means the designation by the individual or agency
having custody of where and with whom the child will live.

(o) ``Secretary'' means the secretary of social and rehabilitation serv-
ices.

(p) ``Relative'' means a person related by blood, marriage or adoption
but, when referring to a relative of a child's parent, does not include the
child's other parent.

(q) ``Court-appointed special advocate'' means a responsible adult
other than an attorney guardian ad litem who is appointed by the court
to represent the best interests of a child, as provided in K.S.A. 38-1505a
and amendments thereto, in a proceeding pursuant to this code.

(r) ``Multidisciplinary team'' means a group of persons, appointed by
the court or by the state department of social and rehabilitation services
under K.S.A. 38-1523a and amendments thereto, which has knowledge
of the circumstances of a child in need of care.

(s) ``Jail'' means:

(1) An adult jail or lockup; or

(2) a facility in the same building or on the same grounds as an adult
jail or lockup, unless the facility meets all applicable standards and licen-
sure requirements under law and there is (A) total separation of the ju-
venile and adult facility spatial areas such that there could be no haphaz-
ard or accidental contact between juvenile and adult residents in the
respective facilities; (B) total separation in all juvenile and adult program
activities within the facilities, including recreation, education, counseling,
health care, dining, sleeping, and general living activities; and (C) separate
juvenile and adult staff, including management, security staff and direct
care staff such as recreational, educational and counseling.

(t) ``Kinship care'' means the placement of a child in the home of the
child's relative or in the home of another adult with whom the child or
the child's parent already has a close emotional attachment.

(u) ``Juvenile intake and assessment worker'' means a responsible
adult authorized to perform intake and assessment services as part of the
intake and assessment system established pursuant to K.S.A. 75-7023, and
amendments thereto.

(v) ``Abandon'' means to forsake, desert or cease providing care for
the child without making appropriate provisions for substitute care.

(w) ``Permanent guardianship'' means a judicially created relationship
between child and caretaker which is intended to be permanent and self-
sustaining without ongoing state oversight or intervention. The perma-
nent guardian stands in loco parentis and exercises all the rights and
responsibilities of a parent. Upon appointment of a permanent guardian,
the child in need of care proceedings shall be dismissed. A permanent
guardian may be appointed after termination of parental rights.

(x) ``Aggravated circumstances'' means the abandonment, torture,
chronic abuse, sexual abuse or chronic, life threatening neglect of a child.

(y) ``Permanency hearing'' means a notice and opportunity to be
heard is provided to interested parties, foster parents, preadoptive parents
or relatives providing care for the child. The court, after consideration of
the evidence, shall determine whether progress toward the case plan goal
is adequate or reintegration is a viable alternative, or if the case should
be referred to the county or district attorney for filing of a petition to
terminate parental rights or to appoint a permanent guardian.

(z) ``Extended out of home placement'' means a child has been in the
custody of the secretary and placed with neither parent for 15 of the most
recent 22 months beginning 60 days after the date at which a child in the
custody of the secretary was removed from the home.

(aa) ``Educational institution'' means all schools at the elementary and
secondary levels.

(bb) ``Educator'' means any administrator, teacher or other profes-
sional or paraprofessional employee of an educational institution who has
exposure to a pupil specified in subsection (a) of K.S.A. 1998 Supp. 72-
89b03 and amendments thereto.

Sec. 5. K.S.A. 1998 Supp. 38-1528 is hereby amended to read as
follows: 38-1528. (a) To the extent possible, when any law enforcement
officer takes into custody a child under the age of 18 years, without a
court order, the child shall forthwith be delivered to the custody of the
child's parent or other custodian unless there are reasonable grounds to
believe that such action would not be in the best interests of the child.
Except as provided in subsection (b), if the child is not delivered to the
custody of the child's parent or other custodian, the child shall forthwith
be delivered to a facility or person designated by the secretary or to a
court designated shelter facility, court services officer, juvenile intake and
assessment worker, licensed attendant care center or other person. If,
after delivery of the child to a shelter facility, the person in charge of the
shelter facility at that time and the law enforcement officer determine
that the child will not remain in the shelter facility, the law enforcement
officer shall deliver the child to a juvenile detention facility or other secure
facility, designated by the court, where the child shall be detained for not
more than 24 hours, excluding Saturdays, Sundays and legal holidays. It
shall be the duty of the law enforcement officer to furnish to the county
or district attorney, without unnecessary delay, all the information in the
possession of the officer pertaining to the child, the child's parents or
other persons interested in or likely to be interested in the child and all
other facts and circumstances which caused the child to be taken into
custody.

(b) When any law enforcement officer takes into custody any child as
provided in subsection (c) of K.S.A. 38-1527 and amendments thereto,
proceedings shall be initiated in accordance with the provisions of the
interstate compact on juveniles, K.S.A. 38-1001 et seq. and amendments
thereto. Any child taken into custody pursuant to the interstate compact
on juveniles may be detained in a juvenile detention facility or other
secure facility.

(c) Whenever a child under the age of 18 years is taken into custody
by a law enforcement officer without a court order and is thereafter
placed in the custody of a shelter facility, court services officer, juvenile
intake and assessment worker, licensed attendant care center or other
person as authorized by this code, the facility or person shall have physical
custody and provide care and supervision for the child upon written ap-
plication of the law enforcement officer. The application shall state:

(1) The name and address of the child, if known;

(2) the names and addresses of the child's parents or nearest relatives
and persons with whom the child has been residing, if known; and

(3) the officer's belief that the child is a child in need of care and that
there are reasonable grounds to believe that the circumstances or con-
dition of the child is such that, unless the child is placed in the immediate
custody of the shelter facility or other person, it would be harmful to the
child.

(d) A copy of the application shall be furnished by the facility or
person receiving the child to the county or district attorney without un-
necessary delay.

(e) The shelter facility or other person designated by the court who
has custody of the child pursuant to this section shall discharge the child
not later than 48 72 hours following admission, excluding Saturdays, Sun-
days and legal holidays, unless a court has entered an order pertaining to
temporary custody or release.

(f) In absence of a court order to the contrary, the county or district
attorney or the placing law enforcement agency shall have the authority
to direct at any time the release of the child.

(g) When any law enforcement officer takes into custody any child as
provided in subsection (d) of K.S.A. 38-1527, and amendments thereto,
the child shall forthwith be delivered to the school in which the child is
enrolled, any location designated by the school in which the child is en-
rolled to address truancy issues or the child's parent or other custodian.

Sec. 6. K.S.A. 38-1542 is hereby amended to read as follows: 38-
1542. (a) The court upon verified application may issue ex parte an order
directing that a child be held in protective custody and, if the child has
not been taken into custody, an order directing that the child be taken
into custody. The application shall state:

(1) The applicant's belief that the child is a child in need of care and
is likely to sustain harm if not immediately afforded protective custody;
and

(2) the specific facts which are relied upon to support the belief.

(b) (1) The order of protective custody may be issued only after the
court has determined there is probable cause to believe the allegations
in the application are true. The order shall remain in effect until the
temporary custody hearing provided for in K.S.A. 38-1543 and amend-
ments thereto, unless earlier rescinded by the court.

(2) ~~Prior to July 1, 1993,~~ No child shall be held in protective custody
for more than 72 hours, excluding Saturdays, Sundays and legal holidays,
unless within the 72-hour period a determination is made as to the ne-
cessity for temporary custody in a temporary custody hearing. Nothing in
this subsection (b)(2) shall be construed to mean that the child must
remain in protective custody for 72 hours.

~~(3) On and after July 1, 1993, no child shall be held in protective~~
~~custody for more than 48 hours, excluding Saturdays, Sundays and legal~~
~~holidays, unless within the 48-hour period a determination is made as to~~
~~the necessity for temporary custody in a temporary custody hearing.~~
~~Nothing in this subsection (b)(3) shall be construed to mean that the child~~
~~must remain in protective custody for 48 hours.~~

(c) Whenever the court determines the necessity for an order of pro-
tective custody, the court may place the child in the protective custody
of: (1) A parent or other person having custody of the child and may enter
a restraining order pursuant to subsection (d); (2) a person, other than
the parent or other person having custody, who shall not be required to
be licensed under article 5 of chapter 65 of the Kansas Statutes Anno-
tated; (3) a youth residential facility; or (4) the secretary. When the child
is placed in the protective custody of the secretary, the secretary shall
have the discretionary authority to place the child with a parent or to
make other suitable placement for the child. When circumstances re-
quire, a child in protective custody may be placed in a juvenile detention
facility or other secure facility pursuant to an order of protective custody
for not to exceed 24 hours, excluding Saturdays, Sundays and legal holi-
days.

(d) The order of protective custody shall be served on the child's
parents and any other person having legal custody of the child. The order
shall prohibit all parties from removing the child from the court's juris-
diction without the court's permission.

(e) If the court issues an order of protective custody, the court may
also enter an order restraining any alleged perpetrator of physical, sexual,
mental or emotional abuse of the child from residing in the child's home;
visiting, contacting, harassing or intimidating the child; or attempting to
visit, contact, harass or intimidate the child. Such restraining order shall
be served on any alleged perpetrator to whom the order is directed.

(f) The court shall not enter an order removing a child from the
custody of a parent pursuant to this section unless the court first finds
from evidence presented by the petitioner that reasonable efforts have
been made to prevent or eliminate the need for removal of the child or
that an emergency exists which threatens the safety of the child and re-
quires the immediate removal of the child. Such findings shall be included
in any order entered by the court.

Sec. 7. K.S.A. 1998 Supp. 38-1543 is hereby amended to read as
follows: 38-1543. (a) Upon notice and hearing, the court may issue an
order directing who shall have temporary custody and may modify the
order during the pendency of the proceedings as will best serve the child's
welfare.

(b) A hearing ~~hereunder~~ pursuant to this section shall be held within
48 72 hours, excluding Saturdays, Sundays and legal holidays, following a
child having been taken into protective custody.

(c) Whenever it is determined that a temporary custody hearing is
required, the court shall immediately set the time and place for the hear-
ing. Notice of a temporary custody hearing shall be in substantially the
following form:

(Name of Court)

(Caption of Case)

NOTICE OF TEMPORARY CUSTODY HEARING

TO:

(Names)	(Relationship)	(Addresses)

On ________, ________, 19__, at ______ o'clock __m. the court will
(day) (date)
conduct a hearing at ____________ to determine if the above named child or chil-
dren should be in the temporary custody of some person or agency other than the parent
or other person having legal custody prior to the hearing on the petition filed in the above
captioned case. The court may order one or both parents to pay child support.

____________, an attorney, has been appointed as guardian ad litem for the child
or children. Each parent or other legal custodian has the right to appear and be heard
personally, either with or without an attorney. An attorney will be appointed for a parent
who can show that the parent is not financially able to hire one.

Date ________, 19__

Clerk of the District Court

by ________________

(Seal)
REPORT OF SERVICE I certify that I have delivered a true copy of the above notice to the persons above named
in the manner and at the times indicated below:

Name	Location of Service	Manner of Service	Date	Time
	(other than above)

Date Returned ________, 19__

________________

(Signature)

________________

(Title)
(d) Notice of the temporary custody hearing shall be given at least
24 hours prior to the hearing. The court may continue the hearing to
afford the 24 hours prior notice or, with the consent of the party, proceed
with the hearing at the designated time. If an order of temporary custody
is entered and the parent or other person having custody of the child has
not been notified of the hearing, did not appear or waive appearance and
requests a rehearing, the court shall rehear the matter without unnec-
essary delay.

(e) Oral notice may be used for giving notice of a temporary custody
hearing where there is insufficient time to give written notice. Oral notice
is completed upon filing a certificate of oral notice in substantially the
following form:

(Name of Court) (Caption of Case)

CERTIFICATE OF ORAL NOTICE OF TEMPORARY CUSTODY HEARING I gave oral notice that the court will conduct a hearing at ______ o'clock __m. on
________, 19__, to the persons listed, in the manner and at the times indicated
below:

Name	Relationship	Date	Time	Method of Communication
				(in person or telephone)

I advised each of the above persons that:

(1) The hearing is to determine if the above child or children should be in the tem-
porary custody of a person or agency other than a parent;

(2) the court will appoint an attorney to serve as guardian ad litem for the child or
children named above;

(3) each parent or legal custodian has the right to appear and be heard personally
either with or without an attorney;

(4) an attorney will be appointed for a parent who can show that the parent is not
financially able to hire an attorney; and

(5) the court may order one or both parents to pay child support.

________________

(Signature)

________________

(Name Printed)

________________

(Title)
(f) The court may enter an order of temporary custody after deter-
mining that: (1) The child is dangerous to self or to others; (2) the child
is not likely to be available within the jurisdiction of the court for future
proceedings; or (3) the health or welfare of the child may be endangered
without further care.

(g) Whenever the court determines the necessity for an order of tem-
porary custody the court may place the child in the temporary custody
of: (1) A parent or other person having custody of the child and may enter
a restraining order pursuant to subsection (h); (2) a person, other than
the parent or other person having custody, who shall not be required to
be licensed under article 5 of chapter 65 of the Kansas Statutes Anno-
tated; (3) a youth residential facility; or (4) the secretary. When the child
is placed in the temporary custody of the secretary, the secretary shall
have the discretionary authority to place the child with a parent or to
make other suitable placement for the child. When circumstances re-
quire, a child may be placed in a juvenile detention facility or other secure
facility, but the total amount of time that the child may be held in such
facility under this section and K.S.A. 38-1542 and amendments thereto
shall not exceed 24 hours, excluding Saturdays, Sundays and legal holi-
days. The order of temporary custody shall remain in effect until modified
or rescinded by the court or a disposition order is entered but not ex-
ceeding 60 days, unless good cause is shown and stated on the record.

(h) If the court issues an order of temporary custody, the court may
enter an order restraining any alleged perpetrator of physical, sexual,
mental or emotional abuse of the child from residing in the child's home;
visiting, contacting, harassing or intimidating the child; or attempting to
visit, contact, harass or intimidate the child.

(i) The court shall not enter an order removing a child from the cus-
tody of a parent pursuant to this section unless the court first finds from
evidence presented by the petitioner that reasonable efforts have been
made to prevent or eliminate the need for removal of the child or that
an emergency exists which threatens the safety of the child and requires
the immediate removal of the child. Such findings shall be included in
any order entered by the court.

Sec. 8. K.S.A. 1998 Supp. 38-1562 is hereby amended to read as
follows: 38-1562. (a) At any time after a child has been adjudicated to be
a child in need of care and prior to disposition, the judge shall permit any
interested parties, and any persons required to be notified pursuant to
subsection (b), to be heard as to proposals for appropriate disposition of
the case.

(b) Before entering an order placing the child in the custody of a
person other than the child's parent, the court shall require notice of the
time and place of the hearing to be given to all the child's grandparents
at their last known addresses or, if no grandparent is living or if no living
grandparent's address is known, to the closest relative of each of the
child's parents whose address is known, and to the foster parent, prea-
doptive parent or relative providing care. Such notice shall be given by
restricted mail not less than 10 business days before the hearing and shall
state that the person receiving the notice shall have an opportunity to be
heard at the hearing. The provisions of this subsection shall not require
additional notice to any person otherwise receiving notice of the hearing
pursuant to K.S.A. 38-1536 and amendments thereto. Individuals receiv-
ing notice pursuant to this subsection shall not be made a party to the
action solely on the basis of this notice and opportunity to be heard.

(c) Prior to entering an order of disposition, the court shall give con-
sideration to the child's physical, mental and emotional condition; the
child's need for assistance; the manner in which the parent participated
in the abuse, neglect or abandonment of the child; any relevant infor-
mation from the intake and assessment process; and the evidence re-
ceived at the dispositional hearing. In determining when reunification is
a viable alternative, the court shall specifically consider whether the par-
ent has been found by a court to have: (1) Committed murder in the first
degree, K.S.A. 21-3401 and amendments thereto, murder in the second
degree, K.S.A. 21-3402 and amendments thereto, capital murder, K.S.A.
21-3439 and amendments thereto, voluntary manslaughter, K.S.A. 21-
3403 and amendments thereto or violated a law of another state which
prohibits such murder or manslaughter of a child; (2) aided or abetted,
attempted, conspired or solicited to commit such murder or voluntary
manslaughter of a child as provided in subsection (c)(1); (3) committed a
felony battery that resulted in bodily injury to the child or another child;
(4) subjected the child or another child to aggravated circumstances as
defined in subsection (x) of K.S.A. 38-1502 and amendments thereto; (5)
parental rights of the parent to another child have been terminated in-
voluntarily; or (6) the child has been in extended out of home placement
as defined in subsection (z) of K.S.A. 38-1502 and amendments thereto.
If reintegration is not a viable alternative, the court shall consider whether
a compelling reason has been documented in the case plan to find neither
adoption nor permanent guardianship are in the best interests of the
child, the child is in a stable placement with a relative, or services set out
in the case plan necessary for the safe return of the child have been made
available to the parent with whom reintegration is planned. If reintegra-
tion is not a viable alternative and either adoption or permanent guardi-
anship might be in the best interests of the child, the county or district
attorney or the county or district attorney's designee shall file a motion
to terminate parental rights or permanent guardianship within 30 days
and the court shall set a hearing on such motion within 90 days of the
filing of such motion. No such hearing is required when the parents vol-
untarily relinquish parental rights or agree to appointment of a perma-
nent guardian.

Sec. 9. K.S.A. 1998 Supp. 38-1565 is hereby amended to read as
follows: 38-1565. (a) If a child is placed outside the child's home and no
plan is made a part of the record of the dispositional hearing, a written
plan shall be prepared which provides for reintegration of the child into
the child's family or, if reintegration is not a viable alternative, for other
placement of the child. Reintegration may not be a viable alternative
when the: (1) Parent has been found by a court to have committed murder
in the first degree, K.S.A. 21-3401 and amendments thereto, murder in
the second degree, K.S.A. 21-3402 and amendments thereto, capital mur-
der, K.S.A. 21-3439 and amendments thereto, voluntary manslaughter,
K.S.A. 21-3403 and amendments thereto or violated a law of another state
which prohibits such murder or manslaughter of a child; (2) parent aided
or abetted, attempted, conspired or solicited to commit such murder or
voluntary manslaughter of a child as provided in subsection (a)(1); (3)
parent committed a felony battery that resulted in bodily injury to the
child or another child; (4) parent has subjected the child or another child
to aggravated circumstances as defined in subsection (x) of K.S.A. 38-
1502, and amendments thereto; (5) parental rights of the parent to an-
other child have been terminated involuntarily; or (6) the child has been
in extended out of home placement as defined in subsection (z) of K.S.A.
38-1502 and amendments thereto. If the goal is reintegration into the
family, the plan shall include measurable objectives and time schedules
for reintegration. The plan shall be submitted to the court not later than
30 days after the dispositional order is entered. If the child is placed in
the custody of the secretary, the plan shall be prepared and submitted by
the secretary. If the child is placed in the custody of a facility or person
other than the secretary, the plan shall be prepared and submitted by a
court services officer.

(b) A court services officer or, if the child is in the secretary's custody,
the secretary shall submit to the court, at least every six months, a written
report of the progress being made toward the goals of the plan submitted
pursuant to subsection (a). If the child is placed in foster care, the foster
parent or parents shall submit to the court, at least every six months, a
report in regard to the child's adjustment, progress and condition. The
department of social and rehabilitation services shall notify the foster
parent or parents of the foster parent's or parent's duty to submit such
report, on a form provided by the department of social and rehabilitation
services, at least two weeks prior to the date when the report is due, and
the name of the judge and the address of the court to which the report
is to be submitted. Such report shall be confidential and shall only be
reviewed by the court and the child's guardian ad litem. The court shall
review the progress being made toward the goals of the plan and the
foster parent report and, if the court determines that progress is inade-
quate or that the plan is no longer viable, the court shall hold a hearing
pursuant to subsection (c). If the secretary has custody of the child, such
hearing shall be held no more than 12 months after the child is placed
outside the child's home and at least every 12 months thereafter. For
children in the custody of the secretary prior to July 1, 1998, within 30
days of receiving a request from the secretary, a permanency hearing shall
be held. If the goal of the plan submitted pursuant to subsection (a) is
reintegration into the family and the court determines after 12 months
from the time such plan is first submitted that progress is inadequate, the
court shall hold a hearing pursuant to subsection (c). Nothing in this
subsection shall be interpreted to prohibit termination of parental rights
prior to the expiration of 12 months.

(c) Whenever a hearing is required under subsection (b), the court
shall notify all interested parties and the foster parents, preadoptive par-
ents or relatives providing care for the child and hold a hearing. Individ-
uals receiving notice pursuant to this subsection shall not be made a party
to the action solely on the basis of this notice and opportunity to be heard.
After providing the interested parties, foster parents, preadoptive parents
or relatives providing care for the child an opportunity to be heard, the
court shall determine whether the child's needs are being adequately met
and whether reintegration continues to be a viable alternative. If the court
finds reintegration is no longer a viable alternative, the court shall con-
sider whether the child is in a stable placement with a relative, services
set out in the case plan necessary for the safe return of the child have
been made available to the parent with whom reintegration is planned or
compelling reasons are documented in the case plan to support a finding
that neither adoption nor permanent guardianship are in the child's best
interest. If reintegration is not a viable alternative and either adoption or
permanent guardianship might be in the best interests of the child, the
county or district attorney or the county or district attorney's designee
shall file a motion to terminate parental rights or for permanent guardi-
anship within 30 days and the court shall set a hearing on such motion
within 90 days of the filing of such motion. When the court finds rein-
tegration continues to be a viable alternative, the court may rescind any
of its prior dispositional orders and enter any dispositional order author-
ized by this code or may order that a new plan for the reintegration be
prepared and submitted to the court. No such hearing is required when
the parents voluntarily relinquish parental rights or agree to appointment
of a permanent guardian.

Sec. 10. K.S.A. 1998 Supp. 38-1583 is hereby amended to read as
follows: 38-1583. (a) When the child has been adjudicated to be a child
in need of care, the court may terminate parental rights when the court
finds by clear and convincing evidence that the parent is unfit by reason
of conduct or condition which renders the parent unable to care properly
for a child and the conduct or condition is unlikely to change in the
foreseeable future.

(b) In making a determination hereunder the court shall consider,
but is not limited to, the following, if applicable:

(1) Emotional illness, mental illness, mental deficiency or physical
disability of the parent, of such duration or nature as to render the parent
unlikely to care for the ongoing physical, mental and emotional needs of
the child;

(2) conduct toward a child of a physically, emotionally or sexually
cruel or abusive nature;

(3) excessive use of intoxicating liquors or narcotic or dangerous
drugs;

(4) physical, mental or emotional neglect of the child;

(5) conviction of a felony and imprisonment;

(6) unexplained injury or death of another child or stepchild of the
parent;

(7) reasonable efforts by appropriate public or private child caring
agencies have been unable to rehabilitate the family; and

(8) lack of effort on the part of the parent to adjust the parent's cir-
cumstances, conduct or conditions to meet the needs of the child.

(c) In addition to the foregoing, when a child is not in the physical
custody of a parent, the court, in proceedings concerning the termination
of parental rights, shall also consider, but is not limited to the following:

(1) Failure to assure care of the child in the parental home when able
to do so;

(2) failure to maintain regular visitation, contact or communication
with the child or with the custodian of the child;

(3) failure to carry out a reasonable plan approved by the court di-
rected toward the integration of the child into the parental home; and

(4) failure to pay a reasonable portion of the cost of substitute physical
care and maintenance based on ability to pay.

In making the above determination, the court may disregard incidental
visitations, contacts, communications or contributions.

(d) The rights of the parents may be terminated as provided in this
section if the court finds that the parents have abandoned the child or
the child was left under such circumstances that the identity of the par-
ents is unknown and cannot be ascertained, despite diligent searching,
and the parents have not come forward to claim the child within three
months after the child is found.

(e) The existence of any one of the above standing alone may, but
does not necessarily, establish grounds for termination of parental rights.
The determination shall be based on an evaluation of all factors which
are applicable. In considering any of the above factors for terminating the
rights of a parent, the court shall give primary consideration to the phys-
ical, mental or emotional condition and needs of the child. If presented
to the court and subject to the provisions of K.S.A. 60-419, and amend-
ments thereto, the court shall consider as evidence testimony from a
person licensed to practice medicine and surgery, a licensed psychologist
or a licensed social worker expressing an opinion relating to the physical,
mental or emotional condition and needs of the child. The court shall
consider any such testimony only if the licensed professional providing
such testimony is subject to cross-examination.

(f) A termination of parental rights under the Kansas code for care
of children shall not terminate the right of the child to inherit from or
through the parent. Upon such termination, all the rights of birth parents
to such child, including their right to inherit from or through such child,
shall cease.

(g) If, after finding the parent unfit, the court determines a compel-
ling reason why it is not in the best interests of the child to terminate
parental rights or upon agreement of the parents, the court may award
permanent guardianship to an individual providing care for the child, a
relative or other person with whom the child has a close emotional at-
tachment. Prior to awarding permanent guardianship, the court shall re-
ceive and consider an assessment as provided in K.S.A. 59-2132 and
amendments thereto of any potential permanent guardian. Upon appoint-
ment of a permanent guardian, the court shall enter an order discharging
the child from the court's jurisdiction.

(h) If a parent is convicted of an offense as provided in subsection
(7) of K.S.A. 38-1585 and amendments thereto or is adjudicated a juvenile
offender because of an act which if committed by an adult would be an
offense as provided in subsection (7) of K.S.A. 38-1585 and amendments
thereto, and if the victim was the other parent of a child, the court may
disregard such convicted or adjudicated parent's opinions or wishes in
regard to the placement of such child.

Sec. 11. K.S.A. 1998 Supp. 38-1602 is hereby amended to read as
follows: 38-1602. As used in this code, unless the context otherwise re-
quires:

(a) ``Juvenile'' means a person 10 or more years of age but less than
18 years of age.

(b) ``Juvenile offender'' means a person who ~~does an act~~ commits an
offense while a juvenile which if ~~done~~ committed by an adult would con-
stitute the commission of a felony or misdemeanor as defined by K.S.A.
21-3105, and amendments thereto, or who violates the provisions of
K.S.A. 21-4204a or K.S.A. 41-727 or subsection (j) of K.S.A. 74-8810, and
amendments thereto, but does not include:

(1) A person 14 or more years of age who commits a traffic offense,
as defined in subsection (d) of K.S.A. 8-2117, and amendments thereto;

(2) a person 16 years of age or over who commits an offense defined
in chapter 32 of the Kansas Statutes Annotated;

(3) a person ~~whose prosecution as an adult is authorized pursuant to~~
~~K.S.A. 38-1636 and amendments thereto and whose prosecution results~~
~~in the conviction of an adult crime; or~~

~~(4) a person who has been found to be an extended jurisdiction ju-~~
~~venile pursuant to subsection (a)(2) of K.S.A. 38-1636, and amendment~~
~~thereto, and whose stay of adult sentence execution has been revoked~~
under 18 years of age who previously has been:

(A) Convicted as an adult under the Kansas code of criminal proce-
dure;

(B) sentenced as an adult under the Kansas code of criminal proce-
dure following termination of status as an extended jurisdiction juvenile
pursuant to K.S.A. 38-16,126, and amendments thereto; or

(C) convicted or sentenced as an adult in another state or foreign
jurisdiction under substantially similar procedures described in K.S.A. 38-
1636, and amendments thereto, or because of attaining the age of majority
designated in that state or jurisdiction.

(c) ``Parent,'' when used in relation to a juvenile or a juvenile of-
fender, includes a guardian, conservator and every person who is by law
liable to maintain, care for or support the juvenile.

(d) ``Law enforcement officer'' means any person who by virtue of
that person's office or public employment is vested by law with a duty to
maintain public order or to make arrests for crimes, whether that duty
extends to all crimes or is limited to specific crimes.

(e) ``Youth residential facility'' means any home, foster home or struc-
ture which provides twenty-four-hour-a-day care for juveniles and which
is licensed pursuant to article 5 of chapter 65 of the Kansas Statutes
Annotated.

(f) ``Juvenile detention facility'' means any secure public or private
facility which is used for the lawful custody of accused or adjudicated
juvenile offenders and which ~~must~~ shall not be a jail.

(g) ``Juvenile correctional facility'' means a facility operated by the
commissioner for juvenile offenders.

(h) ``Warrant'' means a written order by a judge of the court directed
to any law enforcement officer commanding the officer to take into cus-
tody the juvenile named or described therein.

(i) ``Commissioner'' means the commissioner of juvenile justice.

(j) ``Jail'' means:

(1) An adult jail or lockup; or

(2) a facility in the same building as an adult jail or lockup, unless the
facility meets all applicable licensure requirements under law and there
is (A) total separation of the juvenile and adult facility spatial areas such
that there could be no haphazard or accidental contact between juvenile
and adult residents in the respective facilities; (B) total separation in all
juvenile and adult program activities within the facilities, including rec-
reation, education, counseling, health care, dining, sleeping, and general
living activities; and (C) separate juvenile and adult staff, including man-
agement, security staff and direct care staff such as recreational, educa-
tional and counseling.

(k) ``Court-appointed special advocate'' means a responsible adult,
other than an attorney appointed pursuant to K.S.A. 38-1606 and amend-
ments thereto, who is appointed by the court to represent the best inter-
ests of a child, as provided in K.S.A. 1998 Supp. 38-1606a, and amend-
ments thereto, in a proceeding pursuant to this code.

(l) ``Juvenile intake and assessment worker'' means a responsible
adult authorized to perform intake and assessment services as part of the
intake and assessment system established pursuant to K.S.A. ~~76-3202~~ 75-
7023, and amendments thereto.

(m) ``Institution'' means the following institutions: The Atchison ju-
venile correctional facility, the Beloit juvenile correctional facility, the
Larned juvenile correctional facility and the Topeka juvenile correctional
facility.

(n) ``~~Sanction~~ Sanctions house'' means a facility which is operated or
structured so as to ensure that all entrances and exits from the facility are
under the exclusive control of the staff of the facility, whether or not the
person being detained has freedom of movement within the perimeters
of the facility, or which relies on locked rooms and buildings, fences, or
physical restraint in order to control the behavior of its residents. Upon
an order from the court, a licensed juvenile detention facility may serve
as a ~~sanction~~ sanctions house. ~~A sanction house may be physically con-~~
~~nected to a nonsecure shelter facility provided the sanction house is not~~
~~a licensed juvenile detention facility.~~

(o) ``Sentencing risk assessment tool'' means an instrument adminis-
tered to juvenile offenders which delivers a score, or group of scores,
describing, but not limited to describing, the juvenile's potential risk to
the community.

(p) ``Educational institution'' means all schools at the elementary and
secondary levels.

(q) ``Educator'' means any administrator, teacher or other profes-
sional or paraprofessional employee of an educational institution who has
exposure to a pupil specified in subsection (a)(1) through (5) of K.S.A.
1998 Supp. 72-89b03, and amendments thereto.

Sec. 12. K.S.A. 1998 Supp. 38-1604 is hereby amended to read as
follows: 38-1604. (a) Except as provided in K.S.A. 38-1636, and amend-
ments thereto, proceedings concerning a juvenile who appears to be a
juvenile offender shall be governed by the provisions of this code.

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

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

(d) ~~Effective July 1, 1999, if a juvenile is adjudicated a juvenile of-~~
~~fender and has previously been adjudicated a child in need of care, the~~
~~Kansas juvenile justice code shall apply to such juvenile and the Kansas~~
~~code for care of children shall suspend during the time of jurisdiction~~
~~pursuant to the Kansas juvenile justice code. Prior to July 1, 1999, the~~
~~court may apply the provisions of either code to a juvenile adjudicated~~
~~under both codes. Nothing in this subsection shall preclude such juvenile~~
~~offender from accessing services provided by the department of social~~
~~and rehabilitation services or any other state agency if such juvenile is~~
~~eligible for such services.~~ (1) If a juvenile offender, at the time of sen-
tencing, is in an out of home placement in the custody of the secretary of
social and rehabilitation services under the Kansas code for care of chil-
dren code, the sentencing court may order the continued placement of the
juvenile as a child in need of care unless the offender was adjudicated for
a felony or a second, or subsequent, misdemeanor. If the adjudication was
for a felony or a second, or subsequent misdemeanor, the continued place-
ment cannot be ordered unless the court finds there are compelling cir-
cumstances which require, in the best interest of the juvenile, that the
placement should be continued. In considering whether compelling cir-
cumstances exist, the court shall consider the reports and recommenda-
tions of the foster placement, the contract provider, the secretary of social
and rehabilitation services, the presentence investigation and all other
relevant factors. If the foster placement refuses to continue the juvenile in
the foster placement the court shall not order continued placement as a
child in need of care.

(2) If a placement with the secretary of social and rehabilitation serv-
ices is continued after sentencing, the secretary shall not be responsible
for any costs of sanctions imposed under this code.

(3) If such a juvenile offender is placed in the custody of the juvenile
justice authority, the secretary of social and rehabilitation services shall
not be responsible for furnishing services ordered in the child in need of
care proceeding during the time of the placement pursuant to the Kansas
juvenile justice code. Nothing in this subsection shall preclude such ju-
venile offender from accessing services provided by the department of
social and rehabilitation services or any other state agency if such juvenile
is eligible for such services.

(e) The Kansas code for care of children shall apply when necessary
to carry out the provisions of subsection (d) of K.S.A. 38-1664, and
amendments thereto.

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

Sec. 13. K.S.A. 1998 Supp. 38-1624 is hereby amended to read as
follows: 38-1624. (a) By a law enforcement officer. A law enforcement
officer may take an alleged juvenile offender into custody when:

(1) Any offense has been or is being committed by the juvenile in the
officer's view;

(2) the officer has a warrant commanding that the juvenile be taken
into custody;

(3) the officer has probable cause to believe that a warrant or order
commanding that the juvenile be taken into custody has been issued in
this state or in another jurisdiction for an act committed therein;

(4) the officer has probable cause to believe that the juvenile is com-
mitting or has committed an act which, if committed by an adult, would
constitute:

(A) A felony; or

(B) a misdemeanor and (i) the juvenile will not be apprehended or
evidence of the offense will be irretrievably lost unless the juvenile is
immediately taken into custody or (ii) the juvenile may cause injury to
self or others or damage to property or may be injured unless immediately
taken into custody; or

(5) the officer has probable cause to believe that the juvenile has
violated an order for electronic monitoring as a term of probation.

(b) By a court services officer or juvenile community corrections of-
ficer. A court services officer or juvenile community corrections officer
may take a juvenile into custody when there is a warrant commanding
that the juvenile be taken into custody, when the ~~court services~~ officer
has probable cause to believe that a warrant or order commanding that
the juvenile be taken into custody has been issued in this state or in
another jurisdiction for an act committed therein or when there is prob-
able cause to believe that the juvenile has violated an order for electronic
monitoring as a term of probation. Any court services officer or juvenile
community correction officer may arrest a juvenile without a warrant or
may deputize any other officer with power of arrest to arrest a juvenile
without a warrant by giving the officer a written statement setting forth
that the juvenile, in the judgment of the court services officer or juvenile
community correction officer, has violated the condition of the juvenile's
release. The written statement delivered with the juvenile by the arresting
officer to the official in charge of a juvenile detention facility or other
place of detention shall be sufficient warrant for the detention of the ju-
venile.

(c) Procedure. (1) When any law enforcement officer takes an al-
leged juvenile offender into custody, the juvenile shall be taken without
unnecessary delay to an intake and assessment worker if an intake and
assessment program exists in the jurisdiction, or before the court for pro-
ceedings in accordance with this code or, if the court is not open for the
regular conduct of business, to a court services officer, a juvenile intake
and assessment worker, a juvenile detention facility or youth residential
facility which the court or the commissioner shall have designated. The
officer shall not take the juvenile to a juvenile detention facility unless
the juvenile meets one or more of the criteria listed in K.S.A. 38-1640,
and amendments thereto. Even if the juvenile meets one or more of such
criteria, the officer shall first consider whether taking the juvenile to an
available nonsecure facility is more appropriate.

(2) It shall be the duty of the officer to furnish the county or district
attorney or the juvenile intake and assessment worker if the officer has
delivered such juvenile to the worker, with all of the information in the
possession of the officer pertaining to the juvenile; the juvenile's parents,
or other persons interested in or likely to be interested in the juvenile;
and all other facts and circumstances which caused the juvenile to be
arrested or taken into custody.

(3) (A) When the juvenile is less than 14 years of age, no in-custody
or arrest admission or confession resulting from interrogation may be
admitted into evidence unless the confession or admission was made fol-
lowing a consultation between the juvenile and the juvenile's parents,
guardian or attorney as to whether the juvenile will waive such juvenile's
right to an attorney and right against self-incrimination. It shall be the
duty of the facility where the juvenile has been delivered to make a rea-
sonable effort to contact the parent or guardian immediately upon such
juvenile's arrival unless such parent or guardian is the alleged victim or
alleged ~~co-defendant~~ codefendant of the crime under investigation.

(B) When a parent or guardian is the alleged victim or alleged ~~co-~~
~~defendant~~ codefendant of the crime under investigation and the juvenile
is less than 14 years of age, no in-custody or arrest admission or confession
may be admitted into evidence unless the confession or admission was
made following a consultation between the juvenile and a parent or guard-
ian who is not involved in the investigation of the crime, or an attorney
as to whether the juvenile will waive such juvenile's right to an attorney
and right against self-incrimination. It shall be the duty of the facility
where the juvenile has been delivered to make reasonable effort to con-
tact a parent or guardian who is not involved in the investigation of the
crime immediately upon such juvenile's arrival.

(d) Release prior to detention hearing. In the absence of a court order
to the contrary, the court or officials designated by the court, the county
or district attorney or the law enforcement agency taking a juvenile into
custody shall have the authority to direct the release of the juvenile prior
to the time specified by subsection (a) of K.S.A. 38-1632 and amendments
thereto. In addition, if an agreement is established pursuant to K.S.A. 38-
1635, and amendments thereto, a juvenile intake and assessment worker
shall have the authority to direct the release of a juvenile prior to a de-
tention hearing after the completion of the intake and assessment process
if the juvenile intake and assessment worker has reason to believe that if
released the juvenile will appear for further proceedings and will not be
dangerous to self or others.

(e) Person 18 or over taken into custody; detention and release.
Whenever a person 18 years of age or more is taken into custody by a
law enforcement officer for an alleged offense which was committed prior
to the time the person reached the age of 18, the officer shall notify and
refer the matter to the court for proceedings pursuant to this code, except
that the provisions of this code relating to detention hearings shall not
apply to that person. If detention is necessary, the person shall be de-
tained in jail. Unless the law enforcement officer took the person into
custody pursuant to a warrant issued by the court and the warrant spec-
ifies the amount of bond or indicates that the person may be released on
personal recognizance, the person shall be taken before the court of the
county where the alleged act took place or, at the request of the person,
the person shall be taken, without delay, before the nearest court. The
court shall fix the terms and conditions of an appearance bond upon which
the person may be released from custody. The provisions of article 28 of
chapter 22 of the Kansas Statutes Annotated and K.S.A. 22-2901 and
amendments thereto relating to appearance bonds and review of condi-
tions and release shall be applicable to appearance bonds provided for in
this section.

Sec. 14. K.S.A. 1998 Supp. 38-1636 is hereby amended to read as
follows: 38-1636. (a) (1) Except as provided further, at any time after
commencement of proceedings under this code against a respondent and
prior to the beginning of an evidentiary hearing at which the court may
enter a sentence as provided in K.S.A. 38-1655, and amendments thereto,
the county or district attorney may file a motion requesting that the court
authorize prosecution of the respondent as an adult under the applicable
criminal statute. The respondent shall be presumed to be a juvenile unless
good cause is shown to prosecute the respondent as an adult.

(2) At any time after commencement of proceedings under this code
against a respondent who was: (A) 14, 15, 16 or 17 years of age at the
time of the offense or offenses alleged in the complaint, if any such of-
fense (i) if committed by an adult, would constitute an offgrid offense, a
person felony, a nondrug severity level 1 through 6 felony or any drug
severity level 1 or 2 felony; or (ii) was committed while in possession of
a firearm; or (B) charged with a felony or with more than one offense of
which one or more constitutes a felony after having been adjudicated or
convicted in a separate prior juvenile proceeding as having committed an
offense which would constitute a felony if committed by an adult and the
adjudications or convictions occurred prior to the date of the commission
of the new act charged and prior to the beginning of an evidentiary hear-
ing at which the court may enter a sentence as provided in K.S.A. 38-
1655, and amendments thereto, the county or district attorney may file a
motion requesting that the court authorize prosecution of the respondent
as an adult under the applicable criminal statute. The respondent shall
be presumed to be an adult. The burden of proof is on the respondent
to rebut the presumption.

(3) At any time after commencement of proceedings under this code
against a respondent and prior to the beginning of an evidentiary hearing
at which the court may enter a sentence as provided in K.S.A. 38-1655,
and amendments thereto, the county or district attorney may file a motion
requesting that the court designate the proceedings as an extended juris-
diction juvenile prosecution as provided further. If the county or district
attorney files a motion to designate the proceedings as an extended ju-
risdiction juvenile prosecution and the respondent was 14, 15, 16 or 17
years of age at the time of the offense or offenses alleged in the complaint
and: (A) charged with an offense (i) if committed by an adult, would
constitute an offgrid felony, a person felony, a nondrug severity level 1
through 6 felony or any drug severity level 1 or 2 felony; or (ii) was
committed while in possession of a firearm; or (B) charged with a felony
or with more than one offense of which one or more constitutes a felony
after having been adjudicated or convicted in a separate prior juvenile
proceeding as having committed an act which would constitute a felony
if committed by an adult and the adjudications or convictions occurred
prior to the date of the commission of the new offense charged, the
burden of proof is on the respondent to rebut the designation of an ex-
tended jurisdiction juvenile prosecution. In all other motions requesting
that the court designate the proceedings as an extended jurisdiction ju-
venile prosecution, the respondent is presumed to be a juvenile. The
burden of proof is on the prosecutor to prove the respondent should be
designated as an extended jurisdiction juvenile.

(b) The motion also may contain a statement that the prosecuting
attorney will introduce evidence of the offenses alleged in the complaint
and request that, on hearing the motion and authorizing prosecution as
an adult or designating the proceedings as an extended jurisdiction ju-
venile prosecution under this code, the court may make the findings re-
quired in a preliminary examination provided for in K.S.A. 22-2902, and
amendments thereto, and the finding that there is no necessity for further
preliminary examination.

(c) (1) Upon receiving a motion as established in subsection (a), the
court shall set a time and place for hearing on the motion. The court shall
give notice of the hearing to the respondent, each parent of the respon-
dent, if service is possible, and the attorney representing the respondent.
The motion shall be heard and determined prior to any further proceed-
ings on the complaint.

(2) At the hearing, the court shall inform the respondent of the fol-
lowing:

(A) The nature of the charges in the complaint;

(B) the right of the respondent to be presumed innocent of each
charge;

(C) the right to trial without unnecessary delay and to confront and
cross-examine witnesses appearing in support of the allegations of the
complaint;

(D) the right to subpoena witnesses;

(E) the right of the respondent to testify or to decline to testify; and

(F) the sentencing alternatives the court may select as the result of
the juvenile being prosecuted under an extended jurisdiction juvenile pros-
ecution.

(d) If the respondent fails to appear for hearing on a motion as es-
tablished in subsection (a) after having been served with notice of the
hearing, the court may hear and determine the motion in the absence of
the respondent. If the court is unable to obtain service of process and
give notice of the hearing, the court may hear and determine the motion
in the absence of the respondent after having given notice of the hearing
at least once a week for two consecutive weeks in the official county
newspaper of the county where the hearing will be held.

(e) In determining whether or not prosecution as an adult should be
authorized or designating the proceeding as an extended jurisdiction ju-
venile prosecution, the court shall consider each of the following factors:
(1) The seriousness of the alleged offense and whether the protection of
the community requires prosecution as an adult or designating the pro-
ceeding as an extended jurisdiction juvenile prosecution; (2) whether the
alleged offense was committed in an aggressive, violent, premeditated or
willful manner; (3) whether the offense was against a person or against
property. Greater weight shall be given to offenses against persons, es-
pecially if personal injury resulted; (4) the number of alleged offenses
unadjudicated and pending against the respondent; (5) the previous his-
tory of the respondent, including whether the respondent had been ad-
judicated a juvenile offender under this code and, if so, whether the
offenses were against persons or property, and any other previous history
of antisocial behavior or patterns of physical violence; (6) the sophistica-
tion or maturity of the respondent as determined by consideration of the
respondent's home, environment, emotional attitude, pattern of living or
desire to be treated as an adult; (7) whether there are facilities or pro-
grams available to the court which are likely to rehabilitate the respondent
prior to the expiration of the court's jurisdiction under this code; and (8)
whether the interests of the respondent or of the community would be
better served by criminal prosecution or extended jurisdiction juvenile
prosecution. The insufficiency of evidence pertaining to any one or more
of the factors listed in this subsection, in and of itself, shall not be deter-
minative of the issue. Subject to the provisions of K.S.A. 38-1653, and
amendments thereto, written reports and other materials relating to the
respondent's mental, physical, educational and social history may be con-
sidered by the court.

(f) (1) The court may authorize prosecution as an adult upon com-
pletion of the hearing if the court finds that there is substantial evidence
that the respondent should be prosecuted as an adult for the offense with
which the respondent is charged. In that case, the court shall direct the
respondent be prosecuted under the applicable criminal statute and that
the proceedings filed under this code be dismissed.

(2) The court may designate the proceeding as an extended jurisdic-
tion juvenile prosecution upon completion of the hearing if the respon-
dent has failed to rebut the presumption or the court finds that there is
substantial evidence that the respondent should be prosecuted under an
extended jurisdiction juvenile prosecution. A juvenile who is the subject
of an extended jurisdiction juvenile prosecution shall have the right to a
trial by jury, to the effective assistance of counsel and to all other rights
of a defendant pursuant to the Kansas code of criminal procedure. Each
court shall adopt local rules to establish the basic procedures for extended
juvenile jurisdiction prosecution in their jurisdictions.

(3) After a proceeding in which prosecution as an adult is requested
pursuant to subsection (a)(2), and prosecution as an adult is not author-
ized, the court may designate the proceedings to be an extended juvenile
jurisdiction prosecution. A juvenile who is the subject of an extended
juvenile jurisdiction prosecution shall have the right to a trial by jury, to
the effective assistance of counsel and to all other rights of a defendant
pursuant to the Kansas code of criminal procedure. Each court shall adopt
local rules to establish the basic procedures for extended juvenile juris-
diction prosecution in their jurisdictions.

(g) If the respondent is present in court and the court also finds from
the evidence that it appears a felony has been committed and that there
is probable cause to believe the felony has been committed by the re-
spondent, the court may direct that there is no necessity for further pre-
liminary examination on the charges as provided for in K.S.A. 22-2902,
and amendments thereto. In that case, the court shall order the respon-
dent bound over to the district judge having jurisdiction to try the case.

(h) If the respondent is convicted, the authorization for prosecution
as an adult shall attach and apply to any future acts by the respondent
which are or would be cognizable under this code.

(i) If the respondent is prosecuted as an adult under subsection (a)(2)
and is not convicted in adult court of an offense listed in subsection (a)(2)
but is convicted or adjudicated of a lesser included offense, the respon-
dent shall be a juvenile offender and receive a sentence pursuant to K.S.A.
38-1663, and amendments thereto.

Sec. 15. K.S.A. 1998 Supp. 38-1640 is hereby amended to read as
follows: 38-1640. (a) Except as provided in subsection (b), the following
are criteria for determining whether to place a juvenile in a juvenile de-
tention facility pursuant to subsection (c) of K.S.A. 38-1624 or subsection
(e) of K.S.A. 38-1632, and amendments thereto:

(1) There is oral or written verification that the juvenile is a fugitive
sought for an offense in another jurisdiction or that the juvenile is cur-
rently an escapee from a juvenile detention facility.

(2) The juvenile is alleged to have committed an offense which if
committed by an adult would constitute a class A, B or C felony if com-
mitted prior to July 1, 1993, or would constitute an off-grid felony, a
nondrug severity level 1, 2, 3, 4 or, 5, 6 or 7 felony or drug level 1, 2 or
3 felony if committed on or after July 1, 1993, or would constitute a crime
described in article 35 of chapter 21 of the Kansas Statutes Annotated.

(3) The juvenile is awaiting court action on another offense which if
committed by an adult would constitute a felony.

(4) The juvenile has a record of failure to appear in court or there is
probable cause to believe that the juvenile will flee the jurisdiction of the
court.

(5) The juvenile has a history of violent behavior toward others.

(6) The juvenile exhibited seriously assaultive or destructive behavior
at the time of being taken into custody and continued such behavior after
taken into custody.

(7) The juvenile exhibited self-destructive behavior at the time of
being taken into custody and continued such behavior after taken into
custody.

(8) The juvenile has a record of adjudication or conviction of one or
more offenses which if committed by an adult would constitute felonies.

(9) The juvenile is a juvenile offender who has been expelled from
placement in a nonsecure facility as a result of the current alleged offense.

(10) The juvenile has been arrested by any court services officer or
juvenile community correction officer pursuant to subsection (b) of K.S.A.
38-1624 and amendments thereto.

(b) No person 18 years of age or more shall be placed in a juvenile
detention center.

(c) This section shall be part of and supplemental to the Kansas ju-
venile justice code.

Sec. 16. K.S.A. 1998 Supp. 38-1663, as amended by section 8 of
chapter 187 of the 1998 Session Laws of Kansas, is hereby amended to
read as follows: 38-1663. (a) When a respondent has been adjudicated to
be a juvenile offender, the judge may select from the following alterna-
tives:

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

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

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

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

(5) Commit the juvenile offender to a sanctions house for a period
no longer than seven days. Following such period, the court shall review
the placement. The court may continue to recommit the juvenile offender
to a sanctions house for a period no longer than seven days followed by
a court review. Commitment to a sanctions house shall not exceed 28
~~consecutive~~ total days for the same act or transaction. If in the adjudi-
cation order, the court orders a sanctions house placement for a verifiable
probation violation and such probation violation occurs, the juvenile may
immediately be taken to a sanctions house and detained for no more than
48 hours, excluding Saturdays, Sundays and holidays, prior to court re-
view of the placement. The court and all other interested parties shall be
notified of the sanctions house placement. An offender over 18 years of
age or less than 23 years of age at sentencing may be committed to a
county jail, in lieu of a sanctions house, under the same time restrictions
imposed by this paragraph. No offender may be committed under this
paragraph unless such offender has violated the terms of probation.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Sec. 17. K.S.A. 1998 Supp. 38-1664 is hereby amended to read as
follows: 38-1664. (a) Prior to placing a juvenile offender in the custody
of the commissioner and recommending out-of-home placement, the
court shall consider and determine that, where consistent with the need
for protection of the community:

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

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

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

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

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

~~(d)~~ (e) The report made by foster parents and provided by the com-
missioner of juvenile justice, pursuant to this section, shall be in substan-
tially the following form:

REPORT FROM FOSTER PARENTS CONFIDENTIAL


Child's Name	Current Address

Parent's Name	Foster Parents
Primary Social Worker

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

1. Child's adjustment in the home

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

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

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

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

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

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

School	Grade
Grades	Good	Fair	Poor
Attendance	Good	Fair	Poor
Behavior	Good	Fair	Poor

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

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

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

Sec. 18. K.S.A. 1998 Supp. 38-1673 is hereby amended to read as
follows: 38-1673. (a) When a juvenile offender has satisfactorily com-
pleted such offender's term of incarceration at the juvenile correctional
facility to which the juvenile offender was committed or placed, the per-
son in charge of the juvenile correctional facility shall have authority to
release the juvenile offender under appropriate conditions and for a spec-
ified period of time. Prior to release from a juvenile correctional facility,
the commissioner shall consider any recommendations made by the ju-
venile offender's juvenile community corrections officer.

(b) At least 15 days prior to releasing a juvenile offender as provided
in subsection (a), the person in charge of the juvenile correctional facility
shall notify the committing court of the date and conditions upon which
it is proposed the juvenile offender is to be released.

(c) Upon receipt of the notice required by subsection (b), the court
shall review the proposed conditions of release and may recommend
modifications or additions to the conditions.

(d) If, during the conditional release, the juvenile offender is not re-
turning to the county from which committed, the person in charge of the
juvenile correctional facility shall also give notice to the court of the
county in which the juvenile offender is to be residing.

(e) To assure compliance with conditions of release from a juvenile
correctional facility, the commissioner shall have the authority to pre-
scribe the manner in which compliance with the conditions shall be su-
pervised. When requested by the commissioner, the appropriate court
may assist in supervising compliance with the conditions of release during
the term of the conditional release. The commissioner may require the
parents or guardians of the juvenile offender to cooperate and participate
with the conditions of release.

(f) The juvenile justice authority shall notify at least 45 days prior to
the discharge of the juvenile offender the county or district attorney of
the county where the offender was adjudicated a juvenile offender of the
release of such juvenile offender, if such juvenile offender's offense would
have constituted a class A, B or C felony before July 1, 1993, or an off-
grid felony, a nondrug crime ranked at severity level 1, 2, 3, 4 or 5 or a
drug crime ranked at severity level 1, 2 or 3, on or after July 1, 1993, if
committed by an adult. The county or district attorney shall give written
notice at least 30 days prior to the release of the juvenile offender to: (1)
Any victim of the juvenile offender's crime who is alive and whose address
is known to the court or, if the victim is deceased, to the victim's family
if the family's address is known to the court; (2) the local law enforcement
agency; and (3) the school district in which the juvenile offender will be
residing if the juvenile is still required to attend a secondary school. Fail-
ure to notify pursuant to this section shall not be a reason to postpone a
release. Nothing in this section shall create a cause of action against the
state or county or an employee of the state or county acting within the
scope of the employee's employment as a result of the failure to notify
pursuant to this section.

(g) Conditional release programs shall include, but not be limited to,
the treatment options of aftercare services.

Sec. 19. K.S.A. 1998 Supp. 38-1681 is hereby amended to read as
follows: 38-1681. (a) Order authorizing prosecution as an adult or ex-
tended jurisdiction juvenile prosecution. (1) Unless the respondent has
consented to the order, an appeal may be taken by a respondent from an
order authorizing prosecution as an adult. The appeal shall be taken only
after conviction and in the same manner as other criminal appeals, except
that (A) where the criminal prosecution has resulted in a judgment of
conviction upon a plea of guilty or nolo contendere, an appeal may be
taken from the order authorizing prosecution pursuant to K.S.A. 38-1636,
and amendments thereto, notwithstanding the provisions of subsection
(a) of K.S.A. 22-3602 and amendments thereto, and (B) if the criminal
prosecution results in an acquittal, an appeal may nevertheless be taken
from the order authorizing prosecution pursuant to K.S.A. 38-1636, and
amendments thereto, if the order provides that it attaches to future acts
by the respondent as authorized by subsection (h) of K.S.A. 38-1636, and
amendments thereto.

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

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

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

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

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

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

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

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

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

(B) constitute substantial and compelling reasons for departure.

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

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

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

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

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

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

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

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

Sec. 20. K.S.A. 1998 Supp. 38-16,129 is hereby amended to read as
follows: 38-16,129. On and after July 1, 1999: (a) For the purpose of
~~sentencing~~ committing juvenile offenders to a juvenile correctional facil-
ity, the following placements ~~may~~ shall be applied by the judge in felony
or misdemeanor cases for offenses committed on or after July 1, 1999. If
used, the court shall establish a specific term of commitment as specified
in this subsection, unless the judge conducts a departure hearing and finds
substantial and compelling reasons to impose a departure sentence as
provided in section 2 and amendments thereto.

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

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

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

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

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

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

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

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

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

(i) One present felony adjudication and two prior misdemeanor ad-
judications;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Sec. 21. K.S.A. 1998 Supp. 46-2801 is hereby amended to read as
follows: 46-2801. (a) There is hereby created the joint committee on cor-
rections and juvenile justice oversight which shall be within the legislative
branch of state government and which shall be composed of no more
than seven members of the senate and seven members of the house of
representatives.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(l) The provisions of this section shall expire on December 1 31, ~~1999~~
2003.

Sec. 22. K.S.A. 75-7007 is hereby amended to read as follows: 75-
7007. (a) There is hereby established the Kansas advisory group on ju-
venile justice and delinquency prevention, for the purposes of the federal
juvenile justice and delinquency prevention act of 1974, as amended.

(b) The membership of the Kansas advisory group on juvenile justice
and delinquency prevention shall ~~include the members of the Kansas~~
~~youth authority, as appointed pursuant to K.S.A. 75-7009, and amend-~~
~~ments thereto, and other~~ be composed of members as appointed by the
governor. The governor shall appoint at least ~~eight~~ 20 but not more than
~~26 additional~~ 33 members to the advisory group. The ~~additional~~ members
shall serve at the pleasure of the governor. One-third of the members shall
be appointed to four-year terms; one-third of the members shall be ap-
pointed to three-year terms; and one-third of the members shall be ap-
pointed to two-year terms. Thereafter, all members shall serve four-year
terms.

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

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

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

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

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

Sec. 23. K.S.A. 75-7021 is hereby amended to read as follows: 75-
7021. (a) There is hereby created in the state treasury the Kansas endow-
ment for youth trust fund. Money credited to the fund pursuant to K.S.A.
20-367, and amendments thereto, or by any other lawful means shall be
used solely for the purpose of making grants to further the purpose of
juvenile justice reform, including rational prevention programs and pro-
grams for treatment and rehabilitation of juveniles and to further the
partnership between state and local communities. Such treatment and
rehabilitation programs should aim to combine accountability and sanc-
tions with increasingly intensive treatment and rehabilitation services with
an aim to provide greater public safety and provide intervention that will
be uniform and consistent.

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

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

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

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

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

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

Sec. 24. K.S.A. 75-7023 is hereby amended to read as follows: 75-
7023. (a) The supreme court through administrative orders shall provide
for the establishment of a juvenile intake and assessment system and for
the establishment and operation of juvenile intake and assessment pro-
grams in each judicial district. On and after July 1, 1997, the secretary of
social and rehabilitation services may contract with the commissioner of
juvenile justice to provide for the juvenile intake and assessment system
and programs for children in need of care. Except as provided further,
on and after July 1, 1997, the commissioner of juvenile justice shall prom-
ulgate rules and regulations for the juvenile intake and assessment system
and programs concerning juvenile offenders. If the commissioner con-
tracts with the office of judicial administration to administer the juvenile
intake and assessment system and programs concerning juvenile offend-
ers, the supreme court administrative orders shall be in force until such
contract ends and the rules and regulations concerning juvenile intake
and assessment system and programs concerning juvenile offenders have
been adopted.

(b) No records, reports and information obtained as a part of the
juvenile intake and assessment process may be admitted into evidence in
any proceeding and may not be used in a child in need of care proceeding
except for diagnostic and referral purposes and by the court in considering
dispositional alternatives. However, if the records, reports or information
are in regard to abuse or neglect, which is required to be reported under
K.S.A. 38-1522, and amendments thereto, such records, reports or infor-
mation may then be used for any purpose in a child in need of care
proceeding pursuant to the Kansas code for care of children.

(c) Upon a juvenile being taken into custody pursuant to K.S.A. 38-
1624, and amendments thereto, a juvenile intake and assessment worker
shall complete the intake and assessment process as required by supreme
court administrative order or district court rule prior to July 1, 1997, or
except as provided above rules and regulations established by the com-
missioner of juvenile justice on and after July 1, 1997.

(d) Except as provided in subsection (g) and in addition to any other
information required by the supreme court administrative order, the sec-
retary, the commissioner or by the district court of such district, the ju-
venile intake and assessment worker shall collect the following informa-
tion:

(1) A standardized risk assessment tool, such as the problem oriented
screening instrument for teens;

(2) criminal history, including indications of criminal gang involve-
ment;

(3) abuse history;

(4) substance abuse history;

(5) history of prior community services used or treatments provided;

(6) educational history;

(7) medical history; and

(8) family history.

(e) After completion of the intake and assessment process for such
child, the intake and assessment worker may:

(1) Release the child to the custody of the child's parent, other legal
guardian or another appropriate adult if the intake and assessment worker
believes that it would be in the best interest of the child and it would not
be harmful to the child to do so.

(2) Conditionally release the child to the child's parent, other legal
guardian or another appropriate adult if the intake and assessment worker
believes that if the conditions are met, it would be in the child's best
interest to release the child to such child's parent, other legal guardian
or another appropriate adult; and the intake and assessment worker has
reason to believe that it might be harmful to the child to release the child
to such child's parents, other legal guardian or another appropriate adult
without imposing the conditions. The conditions may include, but not be
limited to:

(A) Participation of the child in counseling;

(B) participation of members of the child's family in counseling;

(C) participation by the child, members of the child's family and other
relevant persons in mediation;

(D) provision of inpatient treatment for the child;

(E) referral of the child and the child's family to the secretary of social
and rehabilitation services for services and the agreement of the child and
family to accept and participate in the services offered;

(F) referral of the child and the child's family to available community
resources or services and the agreement of the child and family to accept
and participate in the services offered;

(G) requiring the child and members of the child's family to enter
into a behavioral contract which may provide for regular school attend-
ance among other requirements; or

(H) any special conditions necessary to protect the child from future
abuse or neglect.

(3) Deliver the child to a shelter facility or a licensed attendant care
center along with the law enforcement officer's written application. The
shelter facility or licensed attendant care facility shall then have custody
as if the child had been directly delivered to the facility by the law en-
forcement officer pursuant to K.S.A. 38-1528, and amendments thereto.

(4) Refer the child to the county or district attorney for appropriate
proceedings to be filed or refer the child and family to the secretary of
social and rehabilitation services for investigations in regard to the alle-
gations.

(5) Make recommendations to the county or district attorney con-
cerning immediate intervention programs which may be beneficial to the
juvenile.

(f) The commissioner may adopt rules and regulations which allow
local juvenile intake and assessment programs to create a risk assessment
tool, as long as such tool meets the mandatory reporting requirements
established by the commissioner.

(g) Parents, guardians and juveniles may access the juvenile intake
and assessment programs on a voluntary basis. The parent or guardian
shall be responsible for the costs of any such program utilized.

Sec. 25. K.S.A. 1998 Supp. 75-7024 is hereby amended to read as
follows: 75-7024. ~~On and after July 1, 1997,~~ In addition to other powers
and duties provided by law, in administering the provisions of the juvenile
justice code, the commissioner of juvenile justice shall:

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

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

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

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

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

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

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

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

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

(e) Administer the transition to and implementation of juvenile jus-
tice system reforms.

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

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

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

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

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

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

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

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

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

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

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

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

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

~~(s)~~ (r) Report monthly to the joint committee on corrections and ju-
venile justice oversight. The commissioner shall review with the commit-
tee any contracts or memorandums of agreement with other state agen-
cies prior to the termination of such agreements or contracts.

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

(1) Nonsecure detention facility;

(2) facility for the educational or vocational training and related serv-
ices;

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

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

Sec. 26. K.S.A. 75-7032 is hereby amended to read as follows: 75-
7032. The juvenile justice authority, ~~pursuant to~~ provided for in K.S.A.
75-7001, and amendments thereto, ~~and the Kansas youth authority, pur-~~
~~suant to K.S.A. 75-7008, and amendments thereto,~~ shall be and ~~are~~ is
hereby abolished on July 1, 2004.

Sec. 27. K.S.A. 76-172 is hereby amended to read as follows: 76-172.
As used in this act unless the context otherwise requires, ``institution''
means the institutions within the department of social and rehabilitation
services, the institutions within the department of corrections, the insti-
tution within the department of human resources, the institutions within
the juvenile justice authority, the Kansas state school for blind and the
Kansas state school for the deaf.

Sec. 28. K.S.A. 79-4803 is hereby amended to read as follows: 79-
4803. (a) (1) An amount equal to 10% of all moneys credited to the state
gaming revenues fund shall be transferred and credited to the correc-
tional institutions building fund created pursuant to K.S.A. 76-6b09 and
amendments thereto, to be appropriated by the legislature for the use
and benefit of state correctional institutions as provided in K.S.A. 76-
6b09 and amendments thereto; and

(2) an amount equal to 5% of all moneys credited to the state gaming
revenues fund shall be transferred and credited to the juvenile detention
facilities fund.

(b) There is hereby created in the state treasury the juvenile deten-
tion facilities fund which shall be administered by the commissioner of
juvenile justice ~~as approved by the~~. The Kansas advisory group on juvenile
justice and delinquency prevention shall review and make recommenda-
tions concerning the administration of the fund. All expenditures from
the juvenile detention facilities fund shall be for the retirement of debt
of facilities for the detention of juveniles; or for the construction, reno-
vation, remodeling or operational costs of facilities for the detention of
juveniles in accordance with a grant program which shall be established
with grant criteria designed to facilitate the expeditious award and pay-
ment of grants for the purposes for which the moneys are intended. ``Op-
erational costs'' shall not be limited to any per capita reimbursement by
the commissioner of juvenile justice for juveniles under the supervision
and custody of the commissioner but shall include payments to counties
as and for their costs of operating the facility. The commissioner of ju-
venile justice shall make grants of the moneys credited to the juvenile
detention facilities fund for such purposes to counties in accordance with
such grant program. All expenditures from the juvenile detention facilities
fund shall be made in accordance with appropriation acts upon warrants
of the director of accounts and reports issued pursuant to vouchers ap-
proved by the commissioner of juvenile justice or the commissioner's
designee.

Sec. 29. K.S.A. 38-1542, 75-7007, 75-7008, 75-7009, 75-7021, 75-
7023, 75-7032, 76-172 and 79-4803 and K.S.A. 1998 Supp. 38-1502, 38-
1502, as amended by section 42 of 1999 House bill No. 2191, 38-1502c,
38-1528, 38-1543, 38-1562, 38-1565, 38-1583, 38-1602, 38-1602a, 38-
1604, 38-1624, 38-1636, 38-1640, 38-1663, as amended by section 8 of
chapter 187 of the 1998 Session Laws of Kansas, 38-1664, 38-1673, 38-
1681, 38-16,129, 46-2801 and 75-7024 are hereby repealed.

Sec. 30. This act shall take effect and be in force from and after its
publication in the Kansas register.

Approved May 12, 1999.
Published in the Kansas Register May 27, 1999.
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