As Amended by House Committee
Session of 2023
HOUSE BILL No. 2021
By Committee on Corrections and Juvenile Justice
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AN ACT concerning children and minors; relating to risk and needs
assessment for certain children in need of care; allowing for overall
case length limit extensions for certain juvenile offenders; requiring the
department of corrections to create juvenile justice data systems;
increasing use of evidence-based programs account money; authorizing
detention sanctions for probation violations; increasing the cumulative
detention cap; amending K.S.A. 38-2203, 38-2304, 38-2361, 38-2391,
38-2392, 75-52,162 and 75-52,164 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) On or before October 1, 2023, the secretary of
corrections and the secretary for children and families shall enter into a
memorandum of understanding to coordinate administering a risk and
needs assessment, as defined in K.S.A. 38-2302, and amendments thereto,
to children who have been identified as exhibiting behavior that could lead
to offending behavior during the course of a child in need of care
proceeding.
(b) The memorandum of understanding shall include procedures for
allowing children identified pursuant to subsection (a) to participate in
evidence-based community programs offered pursuant to K.S.A. 75-
52,164, and amendments thereto.
(c) A copy of the memorandum of understanding shall be provided to
the joint committee on corrections and juvenile justice oversight, the house
of representatives standing committee on corrections and juvenile justice
and the senate standing committee on judiciary.
Sec. 2. K.S.A. 38-2203 is hereby amended to read as follows: 38-
2203. (a) Proceedings concerning any child who may be a child in need of
care shall be governed by this code, except in those instances when the
court knows or has reason to know that an Indian child is involved in the
proceeding, in which case, the Indian child welfare act of 1978, 25 U.S.C.
§ 1901 et seq., applies. The Indian child welfare act may apply to: The
filing to initiate a child in need of care proceeding, K.S.A. 38-2234, and
amendments thereto; ex parte custody orders, K.S.A. 38-2242, and
amendments thereto; temporary custody hearing, K.S.A. 38-2243, and
amendments thereto; adjudication, K.S.A. 38-2247, and amendments
thereto; burden of proof, K.S.A. 38-2250, and amendments thereto;
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disposition, K.S.A. 38-2255, and amendments thereto; permanency
hearings, K.S.A. 38-2264, and amendments thereto; termination of
parental rights, K.S.A. 38-2267, 38-2268 and 38-2269, and amendments
thereto; establishment of permanent custodianship, K.S.A. 38-2268 and
38-2272, and amendments thereto; the placement of a child in any foster,
pre-adoptive and adoptive home and the placement of a child in a
guardianship arrangement under article 30 of chapter 59 of the Kansas
Statutes Annotated, and amendments thereto.
(b) Subject to the uniform child custody jurisdiction and enforcement
act, K.S.A. 2022 Supp. 23-37,101 through 23-37,405, and amendments
thereto, the district court shall have original jurisdiction of proceedings
pursuant to this code.
(c) The court acquires jurisdiction over a child by the filing of a
petition pursuant to this code or upon issuance of an ex parte order
pursuant to K.S.A. 38-2242, and amendments thereto. When the court
acquires jurisdiction over a child in need of care, jurisdiction may continue
until the child has: (1) Become 18 years of age, or until June 1 of the
school year during which the child became 18 years of age if the child is
still attending high school unless there is no court approved transition plan,
in which event jurisdiction may continue until a transition plan is approved
by the court or until the child reaches the age of 21 years of age; (2) been
adopted; or (3) been discharged by the court. Any child 18 years of age or
over may request, in writing to the court, that the jurisdiction of the court
cease. The court shall give notice of the request to all parties and interested
parties and 30 days after receipt of the request, jurisdiction will cease.
(d) When it is no longer appropriate for the court to exercise
jurisdiction over a child, the court, upon its own motion or the motion of a
party or interested party at a hearing or upon agreement of all parties or
interested parties, shall enter an order discharging the child. Except upon
request of the child pursuant to subsection (c), the court shall not enter an
order discharging a child until June 1 of the school year during which the
child becomes 18 years of age if the child is in an out-of-home placement,
is still attending high school and has not completed the child's high school
education.
(e) When a petition is filed under this code, a person who is alleged to
be under 18 years of age shall be presumed to be under that age for the
purposes of this code, unless the contrary is proved.
(f) A court's order issued in a proceeding pursuant to this code, shall
take precedence over such orders in a civil custody case, a proceeding
under article 31 of chapter 60 of the Kansas Statutes Annotated, and
amendments thereto, protection from abuse act, or a comparable case in
another jurisdiction, except as provided by K.S.A. 2022 Supp. 23-37,101
through 23-37,405, and amendments thereto, uniform child custody
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jurisdiction and enforcement act.
(g) If a child is eligible to receive services from the Kansas
department for children and families, the department of corrections or the
judicial branch, such agencies shall collaborate to provide such services.
Nothing in this subsection shall preclude the child from accessing services
provided by the Kansas department for children and families, the
department of corrections, the judicial branch or any other state agency if
the child is otherwise eligible for the services.
Sec. 3. K.S.A. 38-2304 is hereby amended to read as follows: 38-
2304. (a) Except as provided in K.S.A. 38-2347, and amendments thereto,
proceedings concerning a juvenile 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 a complaint is filed under this code, the juvenile shall be
presumed to be subject to this code, unless the contrary is proved.
(d) Once jurisdiction is acquired by the district court over an alleged
juvenile offender, except as otherwise provided in subsection (e),
jurisdiction shall continue until one of the following occurs:
(1) The complaint is dismissed;
(2) the juvenile is adjudicated not guilty at trial;
(3) the juvenile, after being adjudicated guilty and sentenced:
(i) Successfully completes the term of probation;
(ii) is discharged by the secretary pursuant to K.S.A. 38-2376, and
amendments thereto;
(iii) reaches the juvenile's 21
st
birthday and no exceptions apply that
extend jurisdiction beyond age 21 years of age; or
(iv) reaches the overall case length limit;
(4) the court terminates jurisdiction; or
(5) the juvenile is convicted of a crime as an adult pursuant to chapter
22 of the Kansas Statutes Annotated, and amendments thereto.
(e) Once jurisdiction is acquired by the district court over an alleged
juvenile offender, it shall continue beyond the juvenile offender's 21
st
birthday but no not later than the juvenile offender's 23
rd
birthday if:
(1) The juvenile offender is sentenced pursuant to K.S.A. 38-2369,
and amendments thereto, and the term of the sentence including successful
completion of conditional release extends beyond the juvenile offender's
21
st
birthday but does not extend beyond the overall case length limit; or
(2) the juvenile offender is sentenced pursuant to an extended
jurisdiction juvenile prosecution and continues to successfully serve the
sentence imposed pursuant to the revised Kansas juvenile justice code.
(f) Termination of jurisdiction pursuant to this section shall have no
effect on the juvenile offender's continuing responsibility to pay restitution
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ordered.
(g) (1) If a juvenile offender, at the time of sentencing, is in an out of
home out-of-home placement in the custody of the secretary for children
and families under the Kansas code for care of children, the sentencing
court may order the continued placement of the juvenile offender as a child
in need of care.
(2) Court services, community corrections and the department of
corrections shall address the risks and needs of the juvenile offender
according to the results of the risk and needs assessment.
(3) If the juvenile offender is placed in the custody of the secretary of
corrections, the secretary for children and families shall be responsible for
collaborating with the department of corrections to furnish services
ordered in the child in need of care proceeding during the time of the
placement pursuant to the revised Kansas juvenile justice code. Nothing in
this subsection shall preclude the juvenile offender from accessing services
provided by the Kansas department for children and families or any other
state agency if the juvenile offender is otherwise eligible for the services.
(h) If a juvenile or juvenile offender is eligible to receive services
from the Kansas department for children and families, the department of
corrections or the judicial branch, such agencies shall collaborate to
provide such services. Nothing in this code shall preclude the juvenile or
juvenile offender from accessing services provided by the Kansas
department for children and families, the department of corrections, the
judicial branch or any other state agency if the juvenile or juvenile
offender is otherwise eligible for the services.
(i) A court's order issued in a proceeding pursuant to this code, shall
take precedence over such orders in a proceeding under chapter 23 of the
Kansas Statutes Annotated, and amendments thereto, the Kansas family
law code, a proceeding under article 31 of chapter 60 of the Kansas
Statutes Annotated, and amendments thereto, protection from abuse act, a
proceeding under article 21 of chapter 59 of the Kansas Statutes
Annotated, and amendments thereto, adoption and relinquishment act, a
proceeding under article 30 of chapter 59 of the Kansas Statutes
Annotated, and amendments thereto, guardians and conservators, or a
comparable case in another jurisdiction, except as provided by K.S.A.
2022 Supp. 23-37,101 et seq., and amendments thereto, uniform child
custody jurisdiction and enforcement act.
Sec. 4. K.S.A. 38-2361 is hereby amended to read as follows: 38-
2361. (a) Upon adjudication as a juvenile offender pursuant to K.S.A. 38-
2356, and amendments thereto, modification of sentence pursuant to
K.S.A. 38-2367, and amendments thereto, or violation of a condition of
sentence pursuant to K.S.A. 38-2368, and amendments thereto, the court
may impose one or more of the following sentencing alternatives for a
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fixed period pursuant to K.S.A. 38-2369 and 38-2391, and amendments
thereto.
(1) Place the juvenile on probation for a fixed period pursuant to
K.S.A. 38-2391, and amendments thereto, subject to terms and conditions
the court deems appropriate consistent with juvenile justice programs in
the community. Any juvenile placed on probation shall be supervised
according to the juvenile's risk and needs as determined by a risk and
needs assessment. Placement of juvenile offenders to community
corrections for probation supervision shall be limited to offenders
adjudicated for an offense that are determined to be moderate-risk, high-
risk or very high-risk on a risk and needs assessment using the cutoff
scores established by the secretary pursuant to K.S.A. 38-2360, and
amendments thereto.
(2) Order the juvenile to participate in a community based program
available in such judicial district subject to the terms and conditions the
court deems appropriate. This alternative shall not be ordered with the
alternative in paragraph (11). Requirements pertaining to child support
may apply if custody is vested with other than a parent.
(3) Place the juvenile in the custody of a parent or other suitable
person, which is not a group home or other facility licensed pursuant to
article 5 of chapter 65 of the Kansas Statutes Annotated, and amendments
thereto, subject to terms and conditions consistent with juvenile justice
programs in the community. This alternative shall not be ordered with the
alternative in paragraph (11). Requirements pertaining to child support
may apply if custody is vested with other than a parent.
(4) Order the juvenile to attend counseling, educational, mediation or
other sessions, or to undergo a drug evaluation pursuant to subsection (b).
(5) Suspend or restrict the juvenile's driver's license or privilege to
operate a motor vehicle on the streets and highways of this state pursuant
to subsection (c).
(6) Order the juvenile to perform charitable or community service
work.
(7) Order the juvenile to make appropriate reparation or restitution
pursuant to subsection (d).
(8) Order the juvenile to pay a fine not exceeding $1,000 pursuant to
subsection (e).
(9) Place the juvenile under a house arrest program administered by
the court pursuant to K.S.A. 2022 Supp. 21-6609, and amendments
thereto.
(10) Place the juvenile in the custody of the secretary of corrections
as provided in K.S.A. 38-2365, and amendments thereto. This alternative
shall not be ordered with the alternative in paragraph (3) or (12). Except
for mandatory drug and alcohol evaluation, when this alternative is
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ordered with alternatives in paragraphs (2), (4) and (9), such orders shall
constitute a recommendation by the court. Requirements pertaining to
child support shall apply under this alternative. The provisions of this
paragraph shall expire on January 1, 2018.
(11) Upon a violation of a condition of sentence, other than a
technical violation pursuant to K.S.A. 38-2368, and amendments thereto,
commit the juvenile to detention for a period no longer than 30 days
subject to the provisions of subsection (g).
(12) If the judge finds and enters into the written record that the
juvenile poses a significant risk of harm to another or damage to property,
and the juvenile is otherwise eligible for commitment pursuant to K.S.A.
38-2369, and amendments thereto, commit the juvenile directly to the
custody of the secretary of corrections for placement in a juvenile
correctional facility or a youth residential facility. Placement in a youth
residential facility shall only be permitted as authorized in K.S.A. 38-
2369(e), and amendments thereto. If the court elects, a period of
conditional release pursuant to K.S.A. 38-2369, and amendments thereto,
may also be ordered. The period of conditional release shall be limited to a
maximum of six months and shall be subject to graduated responses.
Twenty-one days prior to the juvenile's release from a juvenile correctional
facility, the secretary of corrections or designee shall notify the court of the
juvenile's anticipated release date. This alternative may be ordered with the
alternative in paragraph (7). Requirements pertaining to child support shall
apply under this alternative.
(13) Upon a finding by the trier of fact during adjudication that a
firearm was used in the commission of an offense by the accused which, if
committed by an adult, would constitute a felony, a judge may commit the
juvenile directly to the custody of the secretary of corrections for
placement in a juvenile correctional facility or youth residential facility for
a minimum term of six months and up to a maximum term of 18 months,
regardless of the risk level of such juvenile as determined by a risk and
needs assessment. If the juvenile is committed to the custody of the
secretary, and the court elects, a period of conditional release, pursuant to
K.S.A. 38-2369, and amendments thereto, may also be ordered. The period
of conditional release shall be limited to a maximum of six months and
shall be subject to graduated responses. Twenty-one days prior to the
juvenile's release from a juvenile correctional facility or youth residential
facility, the secretary of corrections or the secretary's designee shall notify
the court of the juvenile's anticipated release date.
(b) If the court orders the juvenile to attend counseling, educational,
mediation or other sessions, or to undergo a drug and alcohol evaluation
pursuant to subsection (a)(4), the following provisions apply:
(1) The court may order the juvenile offender to participate in
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counseling or mediation sessions or a program of education, including
placement in an alternative educational program approved by a local
school board. The costs of any counseling or mediation may be assessed as
expenses in the case. No mental health center shall charge a fee for court-
ordered counseling greater than what the center would have charged the
person receiving the counseling if the person had requested counseling on
the person's own initiative. No mediator shall charge a fee for court-
ordered mediation greater than what the mediator would have charged the
person participating in the mediation if the person had requested mediation
on the person's own initiative. Mediation may include the victim but shall
not be mandatory for the victim; and
(2) if the juvenile has been adjudicated to be a juvenile by reason of a
violation of a statute that makes such a requirement, the court shall order
and, if adjudicated for any other offense, the court may order the juvenile
to submit to and complete a drug and alcohol evaluation by a community-
based drug and alcohol safety action program certified pursuant to K.S.A.
8-1008, and amendments thereto, and to pay a fee not to exceed the fee
established by that statute for such evaluation. The court may waive the
mandatory evaluation if the court finds that the juvenile completed a drug
and alcohol evaluation, approved by the community-based alcohol and
drug safety action program, within 12 months before sentencing. If the
evaluation occurred more than 12 months before sentencing, the court
shall order the juvenile to resubmit to and complete the evaluation and
program as provided herein. If the court finds that the juvenile and those
legally liable for the juvenile's support are indigent, the court may waive
the fee. In no event shall the fee be assessed against the secretary of
corrections or the department of corrections nor shall the fee be assessed
against the secretary of the department for children and families or the
Kansas department for children and families if the juvenile is in the
secretary's care, custody and control.
(c) If the court orders suspension or restriction of a juvenile offender's
driver's license or privilege to operate a motor vehicle on the streets and
highways of this state pursuant to subsection (a)(5), the following
provisions apply:
(1) 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
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43 HB 2021—Am. by HC 8
conditions established by law for obtaining a license unless another
suspension or revocation of the juvenile offender's privilege to operate a
motor vehicle is in effect. As used in this subsection, "highway" and
"street" have the meanings provided by K.S.A. 8-1424 and 8-1473, and
amendments thereto. Any juvenile offender who does not have a driver's
license may have 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; and
(2) in lieu of suspending a juvenile offender's driver's license or
privilege to operate a motor vehicle on the highways of this state, the court
may enter an order which places conditions on the juvenile offender's
privilege of operating a motor vehicle on the streets and highways of this
state, a certified copy of which the juvenile offender shall be required to
carry any time the juvenile offender is operating a motor vehicle on the
streets and highways of this state. The order shall prescribe a definite time
period for the conditions imposed. Upon entering an order restricting a
juvenile offender's license, the court shall require the juvenile offender to
surrender such juvenile offender's license to the court. The court shall
transmit the license to the division of vehicles, together with a copy of the
order. Upon receipt thereof, the division of vehicles shall issue without
charge a driver's license which shall indicate on its face that conditions
have been imposed on the juvenile offender's privilege of operating a
motor vehicle and that a certified copy of the order imposing the
conditions is required to be carried by the juvenile offender when
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 the juvenile offender's state of
issuance. The 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 the
division issues the restricted license provided for in this subsection. Upon
expiration of the period of time for which conditions are imposed pursuant
to this subsection, the juvenile offender may apply to the division for the
return of the license previously surrendered by the juvenile offender. In the
event the license has expired, the 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 violates any of
the conditions imposed under this subsection, the juvenile offender's
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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 the juvenile offender is convicted of violating such
conditions.
(d) The following provisions apply to the court's determination of
whether to order reparation or restitution pursuant to subsection (a)(7):
(1) The court shall order the juvenile to make reparation or restitution
to the aggrieved party for the damage or loss caused by the juvenile
offender's offense unless it finds compelling circumstances that would
render a plan of reparation or restitution unworkable. If the court finds
compelling circumstances that would render a plan of reparation or
restitution unworkable, the court shall enter such findings with
particularity on the record. In lieu of reparation or restitution, the court
may order the juvenile to perform charitable or social service for
organizations performing services for the community; and
(2) restitution may include, but shall not be limited to, the amount of
damage or loss caused by the juvenile's offense. Restitution may be made
by payment of an amount fixed by the court or by working for the parties
sustaining loss in the manner ordered by the court. An order of monetary
restitution shall be a judgment against the juvenile that may be collected
by the court by garnishment or other execution as on judgments in civil
cases. Such judgment shall not be affected by the termination of the court's
jurisdiction over the juvenile offender.
(e) If the court imposes a fine pursuant to subsection (a)(8), the
following provisions apply:
(1) The amount of the fine may not exceed $1,000 for each offense.
The amount of the fine should be related to the seriousness of the offense
and the juvenile's ability to pay. Payment of a fine may be required in a
lump sum or installments;
(2) in determining whether to impose a fine and the amount to be
imposed, the court shall consider that imposition of a fine is most
appropriate in cases where the juvenile has derived pecuniary gain from
the offense and that imposition of a restitution order is preferable to
imposition of a fine; and
(3) any fine imposed by the court shall be a judgment against the
juvenile that may be collected by the court by garnishment or other
execution as on judgments in civil cases. Such judgment shall not be
affected by the termination of the court's jurisdiction over the juvenile.
(f) Before the court sentences a juvenile offender pursuant to
subsection (a), the court shall administer a risk assessment tool, as
described in K.S.A. 38-2360, and amendments thereto, or review a risk
assessment tool that was administered within the past six months to the
juvenile and use the results of that assessment to inform orders made
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43 HB 2021—Am. by HC 10
pursuant to K.S.A. 38-2369 and 38-2391, and amendments thereto.
(g) If the court commits the juvenile to detention pursuant to
subsection (a)(11), the following provisions shall apply:
(1) The court shall only order commitment to detention upon
violation of sentencing conditions where all other alternatives have been
exhausted.
(2) In order to commit a juvenile to detention upon violation of
sentencing conditions, the court shall find that the juvenile poses a
significant risk of harm to another or damage to property, is charged with a
new felony offense, or violates conditional release.
(3) The court shall not order commitment to detention upon
adjudication as a juvenile offender pursuant to K.S.A. 38-2356, and
amendments thereto, for solely technical violations of probation, contempt,
a violation of a valid court order, to protect from self-harm or due to any
state or county failure to find adequate alternatives.
(4) Cumulative detention use shall be limited to a maximum of 45 90
days over the course of a juvenile offender's case pursuant to K.S.A. 38-
2391, and amendments thereto. The court shall review any detention
commitment every seven days and may shorten the initial commitment or
extend the commitment. In no case, however, may the term of detention or
any extension thereof exceed the cumulative detention limit of 45 90 days
or the overall case length limit.
(5) A juvenile over 18 years of age and less than 23 years of age at
sentencing shall be committed to a county jail, in lieu of a juvenile
detention center, under the same time restrictions imposed by paragraph
(1), but shall not be committed to or confined in a juvenile detention
facility.
(h) Any order issued by the judge pursuant to this section shall be in
effect immediately upon entry into the court's minutes.
(i) In addition to the requirements of K.S.A. 38-2373, and
amendments thereto, if a person is under 18 years of age and convicted of
a felony or adjudicated as a juvenile offender for an offense if committed
by an adult would constitute the commission of a felony, the court shall
forward a signed copy of the journal entry to the secretary of corrections
within 30 days of final disposition.
(j) Except as further provided, if a juvenile has been adjudged to be a
juvenile offender for an offense which, if committed by an adult would
constitute the commission of: (1) Aggravated human trafficking, as defined
in K.S.A. 2022 Supp. 21-5426(b), and amendments thereto, if the victim is
less than 14 years of age; (2) rape, as defined in K.S.A. 2022 Supp. 21-
5503(a)(3), and amendments thereto; (3) aggravated indecent liberties with
a child, as defined in K.S.A. 2022 Supp. 21-5506(b)(3), and amendments
thereto; (4) aggravated criminal sodomy, as defined in K.S.A. 2022 Supp.
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43 HB 2021—Am. by HC 11
21-5504(b)(1) or (b)(2), and amendments thereto; (5) commercial sexual
exploitation of a child, as defined in K.S.A. 2022 Supp. 21-6422, and
amendments thereto, if the victim is less than 14 years of age; (6) sexual
exploitation of a child, as defined in K.S.A. 2022 Supp. 21-5510(a)(1) or
(a)(4), and amendments thereto, if the victim is less than 14 years of age;
or (7) an attempt, conspiracy or criminal solicitation, as defined in K.S.A.
2022 Supp. 21-5301, 21-5302 or 21-5303, and amendments thereto, of an
offense defined in paragraphs (1) through (6); the court shall issue an order
prohibiting the juvenile from attending the attendance center that the
victim of the offense attends. If only one attendance center exists, for
which the victim and juvenile are eligible to attend, in the school district
where the victim and the juvenile reside, the court shall hear testimony and
take evidence from the victim, the juvenile, their families and a
representative of the school district as to why the juvenile should or should
not be allowed to remain at the attendance center attended by the victim.
After such hearing, the court may issue an order prohibiting the juvenile
from attending the attendance center that the victim of the offense attends.
(k) The court may order a short-term alternative placement of a
juvenile pursuant to subsection (a)(3) in an emergency shelter, therapeutic
foster home or community integration program if:
(1) Such juvenile has been adjudicated to be a juvenile offender for
an offense which, if committed by an adult would constitute the
commission of:
(A) Aggravated human trafficking, as defined in K.S.A. 2022 Supp.
21-5426(b), and amendments thereto, if the victim is less than 14 years of
age;
(B) rape, as defined in K.S.A. 2022 Supp. 21-5503, and amendments
thereto;
(C) commercial sexual exploitation of a child, as defined in K.S.A.
2022 Supp. 21-6422, and amendments thereto, if the victim is less than 14
years of age;
(D) sexual exploitation of a child, as defined in K.S.A. 2022 Supp.
21-5510(a)(1) or (a)(4), and amendments thereto, if the victim is less than
14 years of age;
(E) aggravated indecent liberties with a child, as defined in K.S.A.
2022 Supp. 21-5506, and amendments thereto, if the victim is less than 14
years of age; or
(F) an attempt, conspiracy or criminal solicitation, as defined in
K.S.A. 2022 Supp. 21-5301, 21-5302 or 21-5303, and amendments
thereto, of an offense defined in paragraphs (1) through (4); and
(2) (A) the victim resides in the same home as the juvenile offender;
(B) a community supervision officer in consultation with the
department for children and families determines that an adequate safety
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plan, which shall include the physical and psychological well-being of the
victim, cannot be developed to keep the juvenile in the same home; and
(C) there are no relevant child in need of care issues that would
permit a case to be filed under the Kansas code for care of children.
The presumptive term of commitment shall not extend beyond the
overall case length limit but may be modified pursuant to K.S.A. 38-2367
and 38-2397, and amendments thereto. If a child is placed outside the
child's home at the dispositional hearing pursuant to this subsection and no
reintegration plan is made a part of the record of the hearing, a written
reintegration plan shall be prepared pursuant to K.S.A. 38-2397, and
amendments thereto, and submitted to the court within 15 days of the
initial order of the court.
(l) The sentencing hearing shall be open to the public as provided in
K.S.A. 38-2353, and amendments thereto.
(m) The overall case length limit shall be calculated by the court and
entered into the written record when one or more of the sentencing options
under this section are imposed. The period fixed by the court pursuant to
subsection (a) shall not extend beyond the overall case length limit.
Sec. 5. K.S.A. 38-2391 is hereby amended to read as follows: 38-
2391. (a) Upon adjudication as a juvenile offender pursuant to K.S.A. 38-
2356, and amendments thereto, modification of sentence pursuant to
K.S.A. 38-2367, and amendments thereto, or violation of a condition of
sentence pursuant to K.S.A. 38-2368, and amendments thereto, the court
may impose one or more of the sentencing alternatives under K.S.A. 38-
2361, and amendments thereto, for a period of time pursuant to this section
and K.S.A. 38-2369, and amendments thereto. The period of time ordered
by the court shall not exceed the overall case length limit.
(b) Except as provided in subsection (c), the overall case length limit
shall be calculated based on the adjudicated offense and the results of a
risk and needs assessment, as follows:
(1) Offenders adjudicated for a misdemeanor may remain under the
jurisdiction of the court for up to 12 months;
(2) low-risk and moderate-risk offenders adjudicated for a felony may
remain under court jurisdiction for up to 15 months; and
(3) high-risk offenders adjudicated for a felony may remain under
court jurisdiction for up to 18 months.
(c) There shall be no overall case length limit for a juvenile
adjudicated for a felony which, if committed by an adult, would constitute
an off-grid felony or a nondrug severity level 1 through 4 person felony.
(d) When a juvenile is adjudicated for multiple counts, the maximum
overall case length shall be calculated based on the most severe
adjudicated count or any other adjudicated count at the court's discretion.
The court shall not run multiple adjudicated counts consecutively.
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(e) When the juvenile is adjudicated for multiple cases
simultaneously, the court shall run those such cases concurrently.
(f) Upon expiration of the overall case length limit as defined in
subsection (b), the court's jurisdiction terminates and shall not be
extended, except as provided in subsection (g)(2).
(g) (1) For the purposes of placing juvenile offenders on probation
pursuant to K.S.A. 38-2361, and amendments thereto, the court shall
establish a specific term of probation as specified in this subsection based
on the most serious adjudicated count in combination with the results of a
risk and needs assessment, as follows, except that the term of probation
shall not exceed the overall case length limit:
(A) Low-risk and moderate-risk offenders adjudicated for a
misdemeanor and low-risk offenders adjudicated for a felony may be
placed on probation for a term up to six months;
(B) high-risk offenders adjudicated for a misdemeanor and moderate-
risk offenders adjudicated for a felony may be placed on probation for a
term up to nine months; and
(C) high-risk offenders adjudicated for a felony may be placed on
probation for a term up to 12 months.
(2) The court may extend the term of probation if a juvenile needs
time to complete an evidence-based program as determined to be
necessary based on the results of a validated risk and needs assessment
and, if necessary, may extend the overall case length limit to allow for
completion of such program when failure to complete such program is due
to delay by the juvenile. The court may also extend the term of probation
for good cause shown for one month for low-risk offenders, three months
for moderate-risk offenders and six months for high-risk offenders. Prior
to extension of the initial probationary term, the court shall find and enter
into the written record the criteria permitting extension of probation.
Extensions of probation and the overall case length limit shall only be
granted incrementally and shall not exceed the overall case length limit.
When the court extends the term of probation for a juvenile offender, the
court services officer or community correctional services officer
responsible for monitoring such juvenile offender shall record the reason
given for extending probation. Court services officers shall report such
records to the office of judicial administration, and community
correctional services officers shall report such records to the department of
corrections. The office of judicial administration and the department of
corrections shall report such recorded data to the Kansas juvenile justice
oversight committee on a quarterly basis.
(3) The probation term limits do not apply to those offenders
adjudicated for an offense which, if committed by an adult, would
constitute an off-grid crime, rape as defined in K.S.A. 2022 Supp. 21-
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5503(a)(1), and amendments thereto, aggravated criminal sodomy as
defined in K.S.A. 2022 Supp. 21-5504(b)(3), and amendments thereto, or
murder in the second degree as defined in K.S.A. 2022 Supp. 21-5403, and
amendments thereto. Such offenders may be placed on probation for a
term consistent with the overall case length limit.
(4) The probation term limits and overall case length limits provided
in this section shall be tolled during any time that the offender has
absconded from supervision while on probation, and the time on such
limits shall not start to run again until the offender is located and brought
back to the jurisdiction.
(h) For the purpose of placing juvenile offenders in detention
pursuant to K.S.A. 38-2361 and 38-2369, and amendments thereto, the
court shall establish a specific term of detention. The term of detention
shall not exceed the overall case length limit or the cumulative detention
limit. Cumulative detention use shall be limited to a maximum of 45 90
days over the course of the juvenile offender's case, except that there shall
be no limit on cumulative detention for juvenile offenders adjudicated for
a felony which, if committed by an adult, would constitute an off-grid
felony or a nondrug severity level 1 through 4 person felony.
(i) The provisions of this section shall apply upon disposition or 15
days after adjudication, whichever is sooner, unless the juvenile fails to
appear for such juvenile's dispositional hearing. If a juvenile fails to appear
at such juvenile's dispositional hearing, the probation term limits and
overall case length limits provided in this section shall not apply until the
juvenile is brought before the court for disposition in such juvenile's case.
(j) This section shall be a part of and supplemental to the revised
Kansas juvenile justice code.
Sec. 6. K.S.A. 38-2392 is hereby amended to read as follows: 38-
2392. (a) The department of corrections shall, in consultation with the
supreme court, adopt rules and regulations by January 1, 2017, for a
statewide system of structured community-based graduated responses for
technical violations of probation, violations of conditional release and
violations of a condition of sentence by juveniles. Such graduated
responses shall be utilized by community supervision officers to provide a
continuum of community-based responses. These responses shall include
sanctions that are swift and certain to address violations based on the
severity of the violation as well as incentives that encourage positive
behaviors. Such responses shall take into account the juvenile's risks and
needs.
(b) (1) Except as provided in paragraph (4), when a juvenile is placed
on probation pursuant to K.S.A. 38-2361, and amendments thereto,
community supervision officers shall utilize graduated responses, targeted
to the juvenile's risks and needs based on the results of a risk and needs
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43 HB 2021—Am. by HC 15
assessment to address technical violations. A technical violation shall only
be considered by the court for revocation if:
(1)(A) It is a third or subsequent technical violation;
(2)(B) prior failed responses are documented in the juvenile's case
plan; and
(3)(C) the community supervision officer has determined and
documented that graduated responses to the violation will not suffice.
(2) Unless a juvenile poses a significant risk of physical harm to
another or damage to property, community supervision officers shall issue
a summons rather than request a warrant on a third or subsequent technical
violation subject to review by the court.
(3) Absconding from supervision shall not be considered a technical
violation of probation and, after reasonable efforts to locate a juvenile that
has absconded are unsuccessful, the court may issue a warrant for the
juvenile pursuant to K.S.A. 38-2342, and amendments thereto.
(4) When a juvenile is placed on probation pursuant to K.S.A. 38-
2361, and amendments thereto, a judge may commit such juvenile to
detention for a violation of probation, including a technical violation, and
for contempt of court. A juvenile may be committed to detention for a
period not to exceed:
(A) 24 hours for a first violation;
(B) 48 hours for a second violation; and
(C) 15 days for a third or subsequent violation.
(c) When a juvenile is placed on probation pursuant to K.S.A. 38-
2361, and amendments thereto, the community supervision officer
responsible for oversight of the juvenile shall develop a case plan in
consultation with the juvenile and the juvenile's family. The department for
children and families and local board of education may participate in the
development of the case plan when appropriate.
(1) Such case plan shall incorporate the results of the risk and needs
assessment, referrals to programs, documentation on violations and
graduated responses and shall clearly define the role of each person or
agency working with the juvenile.
(2) If the juvenile is later committed to the custody of the secretary,
the case plan shall be shared with the juvenile correctional facility.
(d) This section shall be a part of and supplemental to the revised
Kansas juvenile justice code.
Sec. 7. K.S.A. 75-52,162 is hereby amended to read as follows: 75-
52,162. (a) (1) The department of corrections and the Kansas juvenile
justice oversight committee shall explore methods of exchanging
confidential data between all parts of the juvenile justice system. Such data
exchange shall be limited based on the needs of the user accessing the
data. Such method of exchanging data shall take into consideration sharing
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43 HB 2021—Am. by HC 16
data that is necessary for continuity of treatment and correctional
programs, including, but not limited to, health care requirements, mental
health care needs and history, substance abuse treatment and history,
recommendations for emergency placement options and any other
information to assist in providing proper care to the juvenile. The
department of corrections is authorized to use grant funds, allocated state
funds or any other accessible funding necessary to create such data
exchange system. All state and local programs involved in the care of
juveniles involved in the juvenile justice system or the child in need of
care system shall cooperate in the development and utilization of such
system.
(2) (A) On or before July 1, 2025, the department of corrections shall
develop a system to facilitate the exchanging of confidential data
described in paragraph (1). The department may contract with another
entity to provide an electronic record system that is not maintained by
the department. Such system shall include a verification system that is
operated by the department for the purpose of verifying the
authenticity and validity of electronic records. The electronic records
maintained in such system shall have the same legal effect as paper
records.
(B) The department shall report to the joint committee on corrections
and juvenile justice oversight, the house of representatives standing
committee on corrections and juvenile justice, the house of representatives
standing committee on appropriations, the senate standing committee on
judiciary and the senate standing committee on ways and means on the
progress of development on or before the first day of the 2024 regular
session of the legislature.
(b) The department of corrections shall establish and maintain a
statewide searchable database that contains information regarding
juveniles who participate in an immediate intervention program. County
and district attorneys, judges, community supervision officers and juvenile
intake and assessment workers shall have access to the database and shall
submit necessary data to such database. The department of corrections
shall, in consultation with the office of judicial administration, adopt rules
and regulations to carry out the provisions of this subsection.
Sec. 8. K.S.A. 75-52,164 is hereby amended to read as follows: 75-
52,164. (a) (1) There is hereby established in the state treasury the
evidence-based programs account of the state general fund, which shall be
administered by the department of corrections. All expenditures from the
evidence-based programs account of the state general fund shall be for the
development and implementation of evidence-based community programs
and practices for:
(A) Juvenile offenders, and their families;
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43 HB 2021—Am. by HC 17
(B) juveniles experiencing mental health crisis and their families;
(C) children who have been administered a risk and needs
assessment and have been identified as needing services pursuant to
section 1, and amendments thereto; and
(D) grants as provided in subsection (e).
(2) Evidence-based community programs and practices may be
administered by community supervision offices, including, but not limited
to, juvenile intake and assessment, court services, community corrections
and, juvenile crisis intervention centers, community mental health centers
and any other community-based service provider offering evidence-based
community programs.
(3) All expenditures from the evidence-based programs account of
the state general fund shall be made in accordance with appropriation acts
upon warrants of the director of accounts and reports issued pursuant to
vouchers approved by the secretary of corrections or the secretary's
designee.
(b) At least annually, throughout the year, the secretary of corrections
shall determine and certify to the director of accounts and reports the
amount in each account of the state general fund of a state agency that has
been determined by the secretary to be actual or projected cost savings as a
result of cost avoidance resulting from decreased reliance on incarceration
in the juvenile correctional facility and placement in youth residential
centers. The baseline shall be calculated on the cost of incarceration and
placement in fiscal year 2015.
(c) Upon receipt of a certification pursuant to subsection (b), the
director of accounts and reports shall transfer the amount certified
pursuant to subsection (b) from each account of the state general fund of a
state agency that has been determined by the secretary of corrections to be
actual or projected cost savings to the evidence-based programs account of
the state general fund.
(d) Prioritization of evidence-based programs account of the state
general fund moneys will be given to regions that demonstrate a high rate
of out-of-home placement of juvenile offenders per capita that have few
existing community-based alternatives.
(e) During fiscal years 2017 and 2018, the secretary of corrections
shall transfer an amount not to exceed $8,000,000 from appropriated
department of corrections moneys from the state general fund or any
available special revenue fund or funds that are budgeted for the purposes
of facilitating the development and implementation of new community
placements in conjunction with the reduction in out-of-home placements.
The secretary of corrections shall develop and implement a grant program
with the goal of implementing evidence-based community programs
described in subsection (a) throughout the state, subject to the availability
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of funding in the evidence-based programs account of the state general
fund. The secretary shall adopt grant requirements in accordance with this
section. Any provider of evidence-based community programs for juveniles
may apply for a grant. The grant program shall give priority to any county
that demonstrates a low availability of evidence-based community
programs for juveniles. The secretary shall evaluate the programs that
received a grant to ensure the program is being delivered as such program
was designed.
(f) Expenditures made from the evidence-based programs account of
the state general fund shall be made promptly and on a rolling basis to
develop and implement evidence-based community programs as services
are needed throughout the state.
(g) The evidence-based programs account of the state general fund
and any other moneys transferred pursuant to this section shall be used for
the purposes set forth in this section and for no other governmental
purposes. It is the intent of the legislature that the funds and the moneys
deposited in this fund shall remain intact and inviolate for the purposes set
forth in this section.
Sec. 9. K.S.A. 38-2203, 38-2304, 38-2361, 38-2391, 38-2392, 75-
52,162 and 75-52,164 are hereby repealed.
Sec. 10. This act shall take effect and be in force from and after its
publication in the statute book.
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