KS
Kansas House Bill HB2021

Kansas 2023-2024 Regular Session

Kansas House Bill HB2021 Compare Versions

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1+Session of 2023
12 HOUSE BILL No. 2021
2-AN ACT concerning children and minors; relating to risk and needs assessment for certain
3-children in need of care; requiring the secretary of corrections to provide assessments
4-and certain services for juveniles in detention; changing the criteria used to refer and
5-admit juveniles to juvenile crisis intervention centers; defining behavioral health
6-crisis; allowing for overall case length limit extensions for certain juvenile offenders;
7-requiring the department of corrections to create juvenile justice data systems;
8-increasing use of evidence-based programs account money; authorizing detention
9-sanctions for probation violations; amending K.S.A. 38-2202, 38-2203, 38-2231, 38-
10-2243, 38-2302, 38-2304, 38-2330, 38-2391, 38-2392, 65-536, 75-52,162 and 75-
11-52,164 and repealing the existing sections.
3+By Committee on Corrections and Juvenile Justice
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5+AN ACT concerning children and minors; relating to risk and needs
6+assessment for certain children in need of care; allowing for overall
7+case length limit extensions for certain juvenile offenders; requiring the
8+department of corrections to create juvenile justice data systems;
9+increasing use of evidence-based programs account money; authorizing
10+detention sanctions for probation violations; increasing the cumulative
11+detention cap; amending K.S.A. 38-2203, 38-2304, 38-2361, 38-2391,
12+38-2392, 75-52,162 and 75-52,164 and repealing the existing sections.
1213 Be it enacted by the Legislature of the State of Kansas:
13-New Section 1. (a) On or before October 1, 2023, the secretary for
14-children and families shall identify an evidence-based risk and needs
15-assessment to administer to children who have been identified as
16-exhibiting behavior that could lead to juvenile offender charges related
17-to physical violence, aggression, damage to property or use of life-
18-threatening drugs during the course of a child in need of care
14+New Section 1. (a) On or before October 1, 2023, the secretary of
15+corrections and the secretary for children and families shall enter into a
16+memorandum of understanding to coordinate administering a risk and
17+needs assessment, as defined in K.S.A. 38-2302, and amendments thereto,
18+to children who have been identified as exhibiting behavior that could lead
19+to offending behavior during the course of a child in need of care
1920 proceeding.
20-(b) The secretary for children and families shall administer the
21-assessment described in subsection (a) and shall collaborate with the
22-secretary of corrections to allow children identified pursuant to
23-subsection (a) to participate in evidence-based community programs
24-offered pursuant to K.S.A. 75-52,164, and amendments thereto.
25-(c) The results of an assessment administered pursuant to this
26-section shall be considered a part of the official file described in K.S.A.
27-38-2209, and amendments thereto, and shall not be admitted into
28-evidence during the course of a proceeding under the revised Kansas
29-juvenile justice code.
30-(d) On or before January 1, 2024, the secretary for children and
31-families shall report on the implementation of this section and provide
32-the assessment identified in subsection (a) to the joint committee on
33-corrections and juvenile justice oversight.
34-New Sec. 2. (a) The secretary of corrections shall ensure that,
35-when a juvenile is placed in detention, the juvenile shall:
36-(1) Receive a standardized risk and needs assessment within 72
37-hours or, if a standardized risk and needs assessment has been
38-conducted on the juvenile, have the appropriate updates made to such
39-assessment within 72 hours;
40-(2) receive an updated or completed case plan within 48 hours
41-after the standardized risk and needs assessment has been conducted or
42-updated; and
43-(3) have access to behavioral health services, mental health
44-services and substance use treatment disorder services while in
45-detention.
46-(b) The secretary of corrections shall coordinate with court
47-services, community corrections and juvenile detention centers to
48-provide the services required by this section in a timely manner. If the
49-juvenile is in the custody of the secretary for children and families, the
50-secretary of corrections shall coordinate with the secretary for children
51-and families when providing such services. The cost of the assessments
52-conducted or the services provided pursuant to subsection (a) may be
53-assessed to the department of corrections.
54-(c) The secretary of corrections shall collect data related to the
55-assessments conducted and the services provided pursuant to this
56-section and shall report findings to the joint committee on corrections
57-and juvenile justice on or before July 1 of each year.
58-Sec. 3. K.S.A. 38-2202 is hereby amended to read as follows: 38-
59-2202. As used in the revised Kansas code for care of children, unless
60-the context otherwise indicates:
61-(a) "Abandon" or "abandonment" means to forsake, desert or,
62-without making appropriate provision for substitute care, cease
63-providing care for the child.
64-(b) "Adult correction facility" means any public or private facility,
65-secure or nonsecure, that is used for the lawful custody of accused or
66-convicted adult criminal offenders. HOUSE BILL No. 2021—page 2
67-(c) "Aggravated circumstances" means the abandonment, torture,
68-chronic abuse, sexual abuse or chronic, life threatening neglect of a
69-child.
70-(d) "Child in need of care" means a person less than 18 years of
71-age at the time of filing of the petition or issuance of an ex parte
72-protective custody order pursuant to K.S.A. 38-2242, and amendments
73-thereto, who:
74-(1) Is without adequate parental care, control or subsistence and
75-the condition is not due solely to the lack of financial means of the
76-child's parents or other custodian;
77-(2) is without the care or control necessary for the child's physical,
78-mental or emotional health;
79-(3) has been physically, mentally or emotionally abused or
80-neglected or sexually abused;
81-(4) has been placed for care or adoption in violation of law;
82-(5) has been abandoned or does not have a known living parent;
83-(6) is not attending school as required by K.S.A. 72-3421 or 72-
84-3120, and amendments thereto;
85-(7) except in the case of a violation of K.S.A. 41-727, K.S.A. 74-
86-8810(j), K.S.A. 79-3321(m) or (n), or K.S.A. 2022 Supp. 21-6301(a)
87-(14), and amendments thereto, or, except as provided in paragraph (12),
88-does an act which, when committed by a person under 18 years of age,
89-is prohibited by state law, city ordinance or county resolution, but
90-which is not prohibited when done by an adult;
91-(8) while less than 10 years of age, commits any act that if done
92-by an adult would constitute the commission of a felony or
93-misdemeanor as defined by K.S.A. 2022 Supp. 21-5102, and
94-amendments thereto;
95-(9) is willfully and voluntarily absent from the child's home
96-without the consent of the child's parent or other custodian;
97-(10) is willfully and voluntarily absent at least a second time from
98-a court ordered or designated placement, or a placement pursuant to
99-court order, if the absence is without the consent of the person with
100-whom the child is placed or, if the child is placed in a facility, without
101-the consent of the person in charge of such facility or such person's
102-designee;
103-(11) has been residing in the same residence with a sibling or
104-another person under 18 years of age, who has been physically,
105-mentally or emotionally abused or neglected, or sexually abused;
106-(12) while less than 10 years of age commits the offense defined
107-in K.S.A. 2022 Supp. 21-6301(a)(14), and amendments thereto;
108-(13) has had a permanent custodian appointed and the permanent
109-custodian is no longer able or willing to serve; or
110-(14) has been subjected to an act that would constitute human
111-trafficking or aggravated human trafficking, as defined by K.S.A. 2022
112-Supp. 21-5426, and amendments thereto, or commercial sexual
113-exploitation of a child, as defined by K.S.A. 2022 Supp. 21-6422, and
114-amendments thereto, or has committed an act which, if committed by
115-an adult, would constitute selling sexual relations, as defined by K.S.A.
116-2022 Supp. 21-6419, and amendments thereto.
117-(e) "Citizen review board" is a group of community volunteers
118-appointed by the court and whose duties are prescribed by K.S.A. 38-
119-2207 and 38-2208, and amendments thereto.
120-(f) "Civil custody case" includes any case filed under chapter 23
121-of the Kansas Statutes Annotated, and amendments thereto, the Kansas
122-family law code, article 11 of chapter 38 of the Kansas Statutes
123-Annotated, and amendments thereto, determination of parentage, article
124-21 of chapter 59 of the Kansas Statutes Annotated, and amendments
125-thereto, adoption and relinquishment act, or article 30 of chapter 59 of HOUSE BILL No. 2021—page 3
126-the Kansas Statutes Annotated, and amendments thereto, guardians and
127-conservators.
128-(g) "Court-appointed special advocate" means a responsible adult
129-other than an attorney guardian ad litem who is appointed by the court
130-to represent the best interests of a child, as provided in K.S.A. 38-2206,
131-and amendments thereto, in a proceeding pursuant to this code.
132-(h) "Custody" whether temporary, protective or legal, means the
133-status created by court order or statute that vests in a custodian, whether
134-an individual or an agency, the right to physical possession of the child
135-and the right to determine placement of the child, subject to restrictions
136-placed by the court.
137-(i) "Extended out of home placement" means a child has been in
138-the custody of the secretary and placed with neither parent for 15 of the
139-most recent 22 months beginning 60 days after the date at which a child
140-in the custody of the secretary was removed from the child's home.
141-(j) "Educational institution" means all schools at the elementary
142-and secondary levels.
143-(k) "Educator" means any administrator, teacher or other
144-professional or paraprofessional employee of an educational institution
145-who has exposure to a pupil specified in K.S.A. 72-6143(a), and
146-amendments thereto.
147-(l) "Harm" means physical or psychological injury or damage.
148-(m) "Interested party" means the grandparent of the child, a person
149-with whom the child has been living for a significant period of time
150-when the child in need of care petition is filed, and any person made an
151-interested party by the court pursuant to K.S.A. 38-2241, and
152-amendments thereto, or Indian tribe seeking to intervene that is not a
153-party.
154-(n) "Jail" means:
155-(1) An adult jail or lockup; or
156-(2) a facility in the same building or on the same grounds as an
157-adult jail or lockup, unless the facility meets all applicable standards
158-and licensure requirements under law and there is: (A) Total separation
159-of the juvenile and adult facility spatial areas such that there could be
160-no haphazard or accidental contact between juvenile and adult residents
161-in the respective facilities; (B) total separation in all juvenile and adult
162-program activities within the facilities, including recreation, education,
163-counseling, health care, dining, sleeping and general living activities;
164-and (C) separate juvenile and adult staff, including management,
165-security staff and direct care staff such as recreational, educational and
166-counseling.
167-(o) "Juvenile detention facility" means any secure public or
168-private facility used for the lawful custody of accused or adjudicated
169-juvenile offenders that must not be a jail.
170-(p) "Juvenile intake and assessment worker" means a responsible
171-adult authorized to perform intake and assessment services as part of
172-the intake and assessment system established pursuant to K.S.A. 75-
173-7023, and amendments thereto.
174-(q) "Kinship care placement" means the placement of a child in
175-the home of an adult with whom the child or the child's parent already
176-has close emotional ties.
177-(r) "Law enforcement officer" means any person who by virtue of
178-office or public employment is vested by law with a duty to maintain
179-public order or to make arrests for crimes, whether that duty extends to
180-all crimes or is limited to specific crimes.
181-(s) "Multidisciplinary team" means a group of persons, appointed
182-by the court under K.S.A. 38-2228, and amendments thereto, that has
183-knowledge of the circumstances of a child in need of care.
184-(t) "Neglect" means acts or omissions by a parent, guardian or HOUSE BILL No. 2021—page 4
185-person responsible for the care of a child resulting in harm to a child, or
186-presenting a likelihood of harm, and the acts or omissions are not due
187-solely to the lack of financial means of the child's parents or other
188-custodian. Neglect may include, but shall not be limited to:
189-(1) Failure to provide the child with food, clothing or shelter
190-necessary to sustain the life or health of the child;
191-(2) failure to provide adequate supervision of a child or to remove
192-a child from a situation that requires judgment or actions beyond the
193-child's level of maturity, physical condition or mental abilities and that
194-results in bodily injury or a likelihood of harm to the child; or
195-(3) failure to use resources available to treat a diagnosed medical
196-condition if such treatment will make a child substantially more
197-comfortable, reduce pain and suffering, or correct or substantially
198-diminish a crippling condition from worsening. A parent legitimately
199-practicing religious beliefs who does not provide specified medical
200-treatment for a child because of religious beliefs shall, not for that
201-reason, be considered a negligent parent; however, this exception shall
202-not preclude a court from entering an order pursuant to K.S.A. 38-
203-2217(a)(2), and amendments thereto.
204-(u) "Parent" when used in relation to a child or children, includes a
205-guardian and every person who is by law liable to maintain, care for or
206-support the child.
207-(v) "Party" means the state, the petitioner, the child, any parent of
208-the child and an Indian child's tribe intervening pursuant to the Indian
209-child welfare act.
210-(w) "Permanency goal" means the outcome of the permanency
211-planning process, which may be reintegration, adoption, appointment of
212-a permanent custodian or another planned permanent living
213-arrangement.
214-(x) "Permanent custodian" means a judicially approved permanent
215-guardian of a child pursuant to K.S.A. 38-2272, and amendments
216-thereto.
217-(y) "Physical, mental or emotional abuse" means the infliction of
218-physical, mental or emotional harm or the causing of a deterioration of
219-a child and may include, but shall not be limited to, maltreatment or
220-exploiting a child to the extent that the child's health or emotional well-
221-being is endangered.
222-(z) "Placement" means the designation by the individual or agency
223-having custody of where and with whom the child will live.
224-(aa) "Qualified residential treatment program" means a program
225-designated by the secretary for children and families as a qualified
226-residential treatment program pursuant to federal law.
227-(bb) "Reasonable and prudent parenting standard" means the
228-standard characterized by careful and sensible parental decisions that
229-maintain the health, safety and best interests of a child while at the
230-same time encouraging the emotional and developmental growth of the
231-child, that a caregiver shall use when determining whether to allow a
232-child in foster care under the responsibility of the state to participate in
233-extracurricular, enrichment, cultural and social activities.
234-(cc) "Relative" means a person related by blood, marriage or
235-adoption.
236-(dd) "Runaway" means a child who is willfully and voluntarily
237-absent from the child's home without the consent of the child's parent or
238-other custodian.
239-(ee) "Secretary" means the secretary for children and families or
240-the secretary's designee.
241-(ff) "Secure facility" means a facility, other than a staff secure
242-facility or juvenile detention facility, that is operated or structured so as
243-to ensure that all entrances and exits from the facility are under the HOUSE BILL No. 2021—page 5
244-exclusive control of the staff of the facility, whether or not the person
245-being detained has freedom of movement within the perimeters of the
246-facility, or that relies on locked rooms and buildings, fences or physical
247-restraint in order to control behavior of its residents. No secure facility
248-shall be in a city or county jail.
249-(gg) "Sexual abuse" means any contact or interaction with a child
250-in which the child is being used for the sexual stimulation of the
251-perpetrator, the child or another person. Sexual abuse shall include, but
252-is not limited to, allowing, permitting or encouraging a child to:
253-(1) Be photographed, filmed or depicted in pornographic material;
254-or
255-(2) be subjected to aggravated human trafficking, as defined in
256-K.S.A. 2022 Supp. 21-5426(b), and amendments thereto, if committed
257-in whole or in part for the purpose of the sexual gratification of the
258-offender or another, or be subjected to an act that would constitute
259-conduct proscribed by article 55 of chapter 21 of the Kansas Statutes
260-Annotated or K.S.A. 2022 Supp. 21-6419 or 21-6422, and amendments
261-thereto.
262-(hh) "Shelter facility" means any public or private facility or
263-home, other than a juvenile detention facility or staff secure facility,
264-that may be used in accordance with this code for the purpose of
265-providing either temporary placement for children in need of care prior
266-to the issuance of a dispositional order or longer term care under a
267-dispositional order.
268-(ii) "Staff secure facility" means a facility described in K.S.A. 65-
269-535, and amendments thereto: (1) That does not include construction
270-features designed to physically restrict the movements and activities of
271-juvenile residents who are placed therein; (2) that may establish
272-reasonable rules restricting entrance to and egress from the facility; and
273-(3) in which the movements and activities of individual juvenile
274-residents may, for treatment purposes, be restricted or subject to control
275-through the use of intensive staff supervision. No staff secure facility
276-shall be in a city or county jail.
277-(jj) "Transition plan" means, when used in relation to a youth in
278-the custody of the secretary, an individualized strategy for the provision
279-of medical, mental health, education, employment and housing supports
280-as needed for the adult and, if applicable, for any minor child of the
281-adult, to live independently and specifically provides for the supports
282-and any services for which an adult with a disability is eligible
283-including, but not limited to, funding for home and community based
284-services waivers.
285-(kk) "Youth residential facility" means any home, foster home or
286-structure that provides 24-hour-a-day care for children and that is
287-licensed pursuant to article 5 of chapter 65 of the Kansas Statutes
288-Annotated, and amendments thereto.
289-(ll) "Behavioral health crisis" means behavioral and conduct
290-issues that impact the safety or health of a child, members of the child's
291-household or family or members of the community, including, but not
292-limited to, non-life threatening mental health and substance abuse
293-concerns.
294-Sec. 4. K.S.A. 38-2203 is hereby amended to read as follows: 38-
295-2203. (a) Proceedings concerning any child who may be a child in need
296-of care shall be governed by this code, except in those instances when
297-the court knows or has reason to know that an Indian child is involved
298-in the proceeding, in which case, the Indian child welfare act of 1978,
299-25 U.S.C. § 1901 et seq., applies. The Indian child welfare act may
300-apply to: The filing to initiate a child in need of care proceeding,
301-K.S.A. 38-2234, and amendments thereto; ex parte custody orders,
302-K.S.A. 38-2242, and amendments thereto; temporary custody hearing, HOUSE BILL No. 2021—page 6
303-K.S.A. 38-2243, and amendments thereto; adjudication, K.S.A. 38-
304-2247, and amendments thereto; burden of proof, K.S.A. 38-2250, and
305-amendments thereto; disposition, K.S.A. 38-2255, and amendments
306-thereto; permanency hearings, K.S.A. 38-2264, and amendments
307-thereto; termination of parental rights, K.S.A. 38-2267, 38-2268 and
308-38-2269, and amendments thereto; establishment of permanent
309-custodianship, K.S.A. 38-2268 and 38-2272, and amendments thereto;
310-the placement of a child in any foster, pre-adoptive and adoptive home
311-and the placement of a child in a guardianship arrangement under
312-article 30 of chapter 59 of the Kansas Statutes Annotated, and
313-amendments thereto.
314-(b) Subject to the uniform child custody jurisdiction and
315-enforcement act, K.S.A. 2022 Supp. 23-37,101 through 23-37,405, and
316-amendments thereto, the district court shall have original jurisdiction of
317-proceedings pursuant to this code.
21+(b) The memorandum of understanding shall include procedures for
22+allowing children identified pursuant to subsection (a) to participate in
23+evidence-based community programs offered pursuant to K.S.A. 75-
24+52,164, and amendments thereto.
25+(c) A copy of the memorandum of understanding shall be provided to
26+the joint committee on corrections and juvenile justice oversight, the house
27+of representatives standing committee on corrections and juvenile justice
28+and the senate standing committee on judiciary.
29+Sec. 2. K.S.A. 38-2203 is hereby amended to read as follows: 38-
30+2203. (a) Proceedings concerning any child who may be a child in need of
31+care shall be governed by this code, except in those instances when the
32+court knows or has reason to know that an Indian child is involved in the
33+proceeding, in which case, the Indian child welfare act of 1978, 25 U.S.C.
34+§ 1901 et seq., applies. The Indian child welfare act may apply to: The
35+filing to initiate a child in need of care proceeding, K.S.A. 38-2234, and
36+amendments thereto; ex parte custody orders, K.S.A. 38-2242, and
37+amendments thereto; temporary custody hearing, K.S.A. 38-2243, and
38+amendments thereto; adjudication, K.S.A. 38-2247, and amendments
39+thereto; burden of proof, K.S.A. 38-2250, and amendments thereto;
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76+disposition, K.S.A. 38-2255, and amendments thereto; permanency
77+hearings, K.S.A. 38-2264, and amendments thereto; termination of
78+parental rights, K.S.A. 38-2267, 38-2268 and 38-2269, and amendments
79+thereto; establishment of permanent custodianship, K.S.A. 38-2268 and
80+38-2272, and amendments thereto; the placement of a child in any foster,
81+pre-adoptive and adoptive home and the placement of a child in a
82+guardianship arrangement under article 30 of chapter 59 of the Kansas
83+Statutes Annotated, and amendments thereto.
84+(b) Subject to the uniform child custody jurisdiction and enforcement
85+act, K.S.A. 2022 Supp. 23-37,101 through 23-37,405, and amendments
86+thereto, the district court shall have original jurisdiction of proceedings
87+pursuant to this code.
31888 (c) The court acquires jurisdiction over a child by the filing of a
31989 petition pursuant to this code or upon issuance of an ex parte order
32090 pursuant to K.S.A. 38-2242, and amendments thereto. When the court
321-acquires jurisdiction over a child in need of care, jurisdiction may
322-continue until the child has: (1) Become 18 years of age, or until June 1
323-of the school year during which the child became 18 years of age if the
324-child is still attending high school unless there is no court approved
325-transition plan, in which event jurisdiction may continue until a
326-transition plan is approved by the court or until the child reaches the
327-age of 21 years of age; (2) been adopted; or (3) been discharged by the
328-court. Any child 18 years of age or over may request, in writing to the
329-court, that the jurisdiction of the court cease. The court shall give notice
330-of the request to all parties and interested parties and 30 days after
331-receipt of the request, jurisdiction will cease.
91+acquires jurisdiction over a child in need of care, jurisdiction may continue
92+until the child has: (1) Become 18 years of age, or until June 1 of the
93+school year during which the child became 18 years of age if the child is
94+still attending high school unless there is no court approved transition plan,
95+in which event jurisdiction may continue until a transition plan is approved
96+by the court or until the child reaches the age of 21 years of age; (2) been
97+adopted; or (3) been discharged by the court. Any child 18 years of age or
98+over may request, in writing to the court, that the jurisdiction of the court
99+cease. The court shall give notice of the request to all parties and interested
100+parties and 30 days after receipt of the request, jurisdiction will cease.
332101 (d) When it is no longer appropriate for the court to exercise
333-jurisdiction over a child, the court, upon its own motion or the motion
334-of a party or interested party at a hearing or upon agreement of all
335-parties or interested parties, shall enter an order discharging the child.
336-Except upon request of the child pursuant to subsection (c), the court
337-shall not enter an order discharging a child until June 1 of the school
338-year during which the child becomes 18 years of age if the child is in an
339-out-of-home placement, is still attending high school and has not
340-completed the child's high school education.
341-(e) When a petition is filed under this code, a person who is
342-alleged to be under 18 years of age shall be presumed to be under that
343-age for the purposes of this code, unless the contrary is proved.
344-(f) A court's order issued in a proceeding pursuant to this code,
345-shall take precedence over such orders in a civil custody case, a
346-proceeding under article 31 of chapter 60 of the Kansas Statutes
347-Annotated, and amendments thereto, protection from abuse act, or a
348-comparable case in another jurisdiction, except as provided by K.S.A.
349-2022 Supp. 23-37,101 through 23-37,405, and amendments thereto,
350-uniform child custody jurisdiction and enforcement act.
102+jurisdiction over a child, the court, upon its own motion or the motion of a
103+party or interested party at a hearing or upon agreement of all parties or
104+interested parties, shall enter an order discharging the child. Except upon
105+request of the child pursuant to subsection (c), the court shall not enter an
106+order discharging a child until June 1 of the school year during which the
107+child becomes 18 years of age if the child is in an out-of-home placement,
108+is still attending high school and has not completed the child's high school
109+education.
110+(e) When a petition is filed under this code, a person who is alleged to
111+be under 18 years of age shall be presumed to be under that age for the
112+purposes of this code, unless the contrary is proved.
113+(f) A court's order issued in a proceeding pursuant to this code, shall
114+take precedence over such orders in a civil custody case, a proceeding
115+under article 31 of chapter 60 of the Kansas Statutes Annotated, and
116+amendments thereto, protection from abuse act, or a comparable case in
117+another jurisdiction, except as provided by K.S.A. 2022 Supp. 23-37,101
118+through 23-37,405, and amendments thereto, uniform child custody
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351163 (g) If a child is eligible to receive services from the Kansas
352-department for children and families, the department of corrections or
353-the judicial branch, such agencies shall collaborate to provide such
354-services. Nothing in this subsection shall preclude the child from
355-accessing services provided by the Kansas department for children and
356-families, the department of corrections, the judicial branch or any
357-other state agency if the child is otherwise eligible for the services.
358-Sec. 5. K.S.A. 38-2231 is hereby amended to read as follows: 38-
359-2231. (a) A law enforcement officer or court services officer shall take
360-a child under 18 years of age into custody when:
361-(1) The law enforcement officer or court services officer has a HOUSE BILL No. 2021—page 7
362-court order commanding that the child be taken into custody as a child
363-in need of care; or
364-(2) the law enforcement officer or court services officer has
365-probable cause to believe that a court order commanding that the child
366-be taken into custody as a child in need of care has been issued in this
367-state or in another jurisdiction.
368-(b) A law enforcement officer shall take a child under 18 years of
369-age into custody when the officer:
370-(1) Reasonably believes the child will be harmed if not
371-immediately removed from the place or residence where the child has
372-been found;
373-(2) has probable cause to believe that the child is a runaway or a
374-missing person or a verified missing person entry for the child can be
375-found in the national crime information center missing person system;
376-(3) reasonably believes the child is a victim of human trafficking,
377-aggravated human trafficking or commercial sexual exploitation of a
378-child; or
379-(4) reasonably believes the child is experiencing a mental
380-behavioral health crisis and is likely to cause harm to self or others.
381-(c) (1) If a person provides shelter to a child whom the person
382-knows is a runaway, such person shall promptly report the child's
383-location either to a law enforcement agency or to the child's parent or
384-other custodian.
385-(2) If a person reports a runaway's location to a law enforcement
386-agency pursuant to this section and a law enforcement officer of the
387-agency has reasonable grounds to believe that it is in the child's best
388-interests, the child may be allowed to remain in the place where shelter
389-is being provided, subject to subsection (b), in the absence of a court
390-order to the contrary. If the child is allowed to so remain, the law
391-enforcement agency shall promptly notify the secretary of the child's
392-location and circumstances.
393-(d) Except as provided in subsections (a) and (b), a law
394-enforcement officer may temporarily detain and assume temporary
395-custody of any child subject to compulsory school attendance, pursuant
396-to K.S.A. 72-3120, and amendments thereto, during the hours school is
397-actually in session and shall deliver the child pursuant to K.S.A. 38-
398-2232(g), and amendments thereto.
399-Sec. 6. K.S.A. 38-2243 is hereby amended to read as follows: 38-
400-2243. (a) Upon notice and hearing, the court may issue an order
401-directing who shall have temporary custody and may modify the order
402-during the pendency of the proceedings as will best serve the child's
403-welfare.
404-(b) A hearing pursuant to this section shall be held within 72
405-hours, excluding Saturdays, Sundays, legal holidays, and days on
406-which the office of the clerk of the court is not accessible, following a
407-child having been taken into protective custody.
408-(c) Whenever it is determined that a temporary custody hearing is
409-required, the court shall immediately set the time and place for the
410-hearing. Notice of a temporary custody hearing shall be given to all
411-parties and interested parties.
412-(d) Notice of the temporary custody hearing shall be given at least
413-24 hours prior to the hearing. The court may continue the hearing to
414-afford the 24 hours prior notice or, with the consent of the party or
415-interested party, proceed with the hearing at the designated time. If an
416-order of temporary custody is entered and the parent or other person
417-having custody of the child has not been notified of the hearing, did not
418-appear or waive appearance and requests a rehearing, the court shall
419-rehear the matter without unnecessary delay.
420-(e) Oral notice may be used for giving notice of a temporary HOUSE BILL No. 2021—page 8
421-custody hearing where there is insufficient time to give written notice.
422-Oral notice is completed upon filing a certificate of oral notice.
423-(f) The court may enter an order of temporary custody after
424-determining there is probable cause to believe that the: (1) Child is
425-dangerous to self or to others; (2) child is not likely to be available
426-within the jurisdiction of the court for future proceedings; (3) health or
427-welfare of the child may be endangered without further care; (4) child
428-has been subjected to human trafficking or aggravated human
429-trafficking, as defined by K.S.A. 2022 Supp. 21-5426, and amendments
430-thereto, or commercial sexual exploitation of a child, as defined by
431-K.S.A. 2022 Supp. 21-6422, and amendments thereto; (5) child is
432-experiencing a mental behavioral health crisis and is in need of
433-treatment; or (6) child committed an act which, if committed by an
434-adult, would constitute a violation of K.S.A. 2022 Supp. 21-6419, and
435-amendments thereto.
436-(g) (1) Whenever the court determines the necessity for an order
437-of temporary custody the court may place the child in the temporary
438-custody of:
439-(A) A parent or other person having custody of the child and may
440-enter a restraining order pursuant to subsection (h);
441-(B) a person, other than the parent or other person having custody,
442-who shall not be required to be licensed under article 5 of chapter 65 of
443-the Kansas Statutes Annotated, and amendments thereto;
444-(C) a youth residential facility;
445-(D) a shelter facility;
446-(E) a staff secure facility, notwithstanding any other provision of
447-law, if the child has been subjected to human trafficking or aggravated
448-human trafficking, as defined by K.S.A. 2022 Supp. 21-5426, and
449-amendments thereto, or commercial sexual exploitation of a child, as
450-defined by K.S.A. 2022 Supp. 21-6422, and amendments thereto, or the
451-child committed an act which, if committed by an adult, would
452-constitute a violation of K.S.A. 2022 Supp. 21-6419, and amendments
453-thereto;
454-(F) after written authorization by a community mental health
455-center, a juvenile crisis intervention center, as described in K.S.A. 65-
456-536, and amendments thereto; or
457-(G) the secretary, if the child is 15 years of age or younger, or 16
458-or 17 years of age if the child has no identifiable parental or family
459-resources or shows signs of physical, mental, emotional or sexual
460-abuse.
461-(2) If the secretary presents the court with a plan to provide
462-services to a child or family which the court finds will assure the safety
463-of the child, the court may only place the child in the temporary
464-custody of the secretary until the court finds the services are in place.
465-The court shall have the authority to require any person or entity
466-agreeing to participate in the plan to perform as set out in the plan.
467-When the child is placed in the temporary custody of the secretary, the
468-secretary shall have the discretionary authority to place the child with a
469-parent or to make other suitable placement for the child. When the child
470-is placed in the temporary custody of the secretary and the child has
471-been subjected to human trafficking or aggravated human trafficking,
472-as defined by K.S.A. 2022 Supp. 21-5426, and amendments thereto, or
473-commercial sexual exploitation of a child, as defined by K.S.A. 2022
474-Supp. 21-6422, and amendments thereto, or the child committed an act
475-which, if committed by an adult, would constitute a violation of K.S.A.
476-2022 Supp. 21-6419, and amendments thereto, the secretary shall have
477-the discretionary authority to place the child in a staff secure facility,
478-notwithstanding any other provision of law. When the child is presently
479-alleged, but not yet adjudicated to be a child in need of care solely HOUSE BILL No. 2021—page 9
480-pursuant to K.S.A. 38-2202(d)(9) or (d)(10), and amendments thereto,
481-the child may be placed in a secure facility, but the total amount of time
482-that the child may be held in such facility under this section and K.S.A.
483-38-2242, and amendments thereto, shall not exceed 24 hours, excluding
484-Saturdays, Sundays, legal holidays, and days on which the office of the
485-clerk of the court is not accessible. The order of temporary custody
486-shall remain in effect until modified or rescinded by the court or an
487-adjudication order is entered but not exceeding 60 days, unless good
488-cause is shown and stated on the record.
489-(h) If the court issues an order of temporary custody, the court
490-may also enter an order restraining any alleged perpetrator of physical,
491-sexual, mental or emotional abuse of the child from residing in the
492-child's home; visiting, contacting, harassing or intimidating the child;
493-or attempting to visit, contact, harass or intimidate the child, other
494-family members or witnesses. Such restraining order shall be served by
495-personal service pursuant to K.S.A. 38-2237(a), and amendments
496-thereto, on any alleged perpetrator to whom the order is directed.
497-(i) (1) The court shall not enter the initial order removing a child
498-from the custody of a parent pursuant to this section unless the court
499-first finds probable cause that:
500-(A) (i) The child is likely to sustain harm if not immediately
501-removed from the home;
502-(ii) allowing the child to remain in home is contrary to the welfare
503-of the child; or
504-(iii) immediate placement of the child is in the best interest of the
505-child; and
506-(B) reasonable efforts have been made to maintain the family unit
507-and prevent the unnecessary removal of the child from the child's home
508-or that an emergency exists which threatens the safety to the child.
509-(2) Such findings shall be included in any order entered by the
510-court. If the child is placed in the custody of the secretary, upon making
511-the order the court shall provide the secretary with a written copy.
512-(j) If the court enters an order of temporary custody that provides
513-for placement of the child with a person other than the parent, the court
514-shall make a child support determination pursuant to K.S.A. 38-2277,
515-and amendments thereto.
516-Sec. 7. K.S.A. 38-2302 is hereby amended to read as follows: 38-
517-2302. As used in this code, unless the context otherwise requires:
518-(a) "Commissioner" means the secretary of corrections or the
519-secretary's designee.
520-(b) "Community supervision officer" means any officer from court
521-services, community corrections or any other individual authorized to
522-supervise a juvenile on an immediate intervention, probation or
523-conditional release.
524-(c) "Conditional release" means release from a term of
525-commitment in a juvenile correctional facility for an aftercare term
526-pursuant to K.S.A. 38-2369, and amendments thereto, under conditions
527-established by the secretary of corrections.
528-(d) "Court-appointed special advocate" means a responsible adult,
529-other than an attorney appointed pursuant to K.S.A. 38-2306, and
530-amendments thereto, who is appointed by the court to represent the best
531-interests of a child, as provided in K.S.A. 38-2307, and amendments
532-thereto, in a proceeding pursuant to this code.
533-(e) "Detention risk assessment tool" means a risk assessment
534-instrument adopted pursuant to K.S.A. 75-7023(f), and amendments
535-thereto, used to identify factors shown to be statistically related to a
536-juvenile's risk of failing to appear in court or reoffending pre-
537-adjudication and designed to assist in making detention determinations.
538-(f) "Educational institution" means all schools at the elementary HOUSE BILL No. 2021—page 10
539-and secondary levels.
540-(g) "Educator" means any administrator, teacher or other
541-professional or paraprofessional employee of an educational institution
542-who has exposure to a pupil specified in K.S.A. 72-6143(a)(1) through
543-(5), and amendments thereto.
544-(h) "Evidence-based" means practices, policies, procedures and
545-programs demonstrated by research to produce reduction in the
546-likelihood of reoffending.
547-(i) "Graduated responses" means a system of community-based
548-sanctions and incentives developed pursuant to K.S.A. 75-7023(h) and
549-K.S.A. 38-2392, and amendments thereto, used to address violations of
550-immediate interventions, terms and conditions of probation and
551-conditional release and to incentivize positive behavior.
552-(j) "Immediate intervention" means all programs or practices
553-developed by the county to hold juvenile offenders accountable while
554-allowing such offenders to be diverted from formal court processing
555-pursuant to K.S.A. 38-2346, and amendments thereto.
556-(k) "Institution" means the Larned juvenile correctional facility
557-and the Kansas juvenile correctional complex.
558-(l) "Investigator" means an employee of the department of
559-corrections assigned by the secretary of corrections with the
560-responsibility for investigations concerning employees at the juvenile
561-correctional facilities and juveniles in the custody of the secretary of
562-corrections at a juvenile correctional facility.
563-(m) "Jail" means:
564-(1) An adult jail or lockup; or
565-(2) a facility in the same building as an adult jail or lockup, unless
566-the facility meets all applicable licensure requirements under law and
567-there is: (A) Total separation of the juvenile and adult facility spatial
568-areas such that there could be no haphazard or accidental contact
569-between juvenile and adult residents in the respective facilities; (B)
570-total separation in all juvenile and adult program activities within the
571-facilities, including recreation, education, counseling, health care,
572-dining, sleeping and general living activities; and (C) separate juvenile
573-and adult staff, including management, security staff and direct care
574-staff such as recreational, educational and counseling.
575-(n) "Juvenile" means a person to whom one or more of the
576-following applies, the person: (1) Is 10 or more years of age but less
577-than 18 years of age; (2) is alleged to be a juvenile offender; or (3) has
578-been adjudicated as a juvenile offender and continues to be subject to
579-the jurisdiction of the court.
580-(o) "Juvenile correctional facility" means a facility operated by the
581-secretary of corrections for the commitment of juvenile offenders.
582-(p) "Juvenile corrections officer" means a certified employee of
583-the department of corrections working at a juvenile correctional facility
584-assigned by the secretary of corrections with responsibility for
585-maintaining custody, security and control of juveniles in the custody of
586-the secretary of corrections at a juvenile correctional facility.
587-(q) "Juvenile detention facility" means a public or private facility
588-licensed pursuant to article 5 of chapter 65 of the Kansas Statutes
589-Annotated, and amendments thereto, which is used for the lawful
590-custody of alleged or adjudicated juvenile offenders.
591-(r) "Juvenile intake and assessment worker" means a responsible
592-adult trained and authorized to perform intake and assessment services
593-as part of the intake and assessment system established pursuant to
594-K.S.A. 75-7023, and amendments thereto.
595-(s) "Juvenile offender" means a person who commits an offense
596-while 10 or more years of age but less than 18 years of age which if
597-committed by an adult would constitute the commission of a felony or HOUSE BILL No. 2021—page 11
598-misdemeanor as defined by K.S.A. 2022 Supp. 21-5102, and
599-amendments thereto, or who violates the provisions of K.S.A. 41-727,
600-K.S.A. 74-8810(j) or K.S.A. 2022 Supp. 21-6301(a)(14), and
601-amendments thereto, but does not include:
602-(1) A person 14 or more years of age who commits a traffic
603-offense, as defined in K.S.A. 8-2117(d), and amendments thereto;
604-(2) a person 16 years of age or over who commits an offense
605-defined in chapter 32 of the Kansas Statutes Annotated, and
606-amendments thereto;
607-(3) a person under 18 years of age who previously has been:
608-(A) Convicted as an adult under the Kansas criminal code;
609-(B) sentenced as an adult under the Kansas criminal code
610-following termination of status as an extended jurisdiction juvenile
611-pursuant to K.S.A. 38-2364, and amendments thereto; or
612-(C) convicted or sentenced as an adult in another state or foreign
613-jurisdiction under substantially similar procedures described in K.S.A.
614-38-2347, and amendments thereto, or because of attaining the age of
615-majority designated in that state or jurisdiction.
616-(t) "Law enforcement officer" means any person who by virtue of
617-that person's office or public employment is vested by law with a duty
618-to maintain public order or to make arrests for crimes, whether that
619-duty extends to all crimes or is limited to specific crimes.
620-(u) "Overall case length limit" when used in relation to a juvenile
621-adjudicated a juvenile offender means the maximum jurisdiction of the
622-court following disposition on an individual case. Pursuant to K.S.A.
623-38-2304, and amendments thereto, the case and the court's jurisdiction
624-shall terminate once the overall case length limit expires and may not
625-be extended.
626-(v) "Parent" when used in relation to a juvenile, includes a
627-guardian and every person who is, by law, liable to maintain, care for or
628-support the juvenile.
629-(w) "Probation" means a period of community supervision ordered
630-pursuant to K.S.A. 38-2361, and amendments thereto, overseen by
631-either court services or community corrections, but not both.
632-(x) "Reasonable and prudent parenting standard" means the
633-standard characterized by careful and sensible parental decisions that
634-maintain the health, safety and best interests of a child while at the
635-same time encouraging the emotional and developmental growth of the
636-child, that a caregiver shall use when determining whether to allow a
637-child in foster care under the responsibility of the state to participate in
638-extracurricular, enrichment, cultural and social activities.
639-(y) "Reintegration plan" means a written document prepared in
640-consultation with the child's parent or guardian that:
641-(1) Describes the reintegration goal, which, if achieved, will most
642-likely give the juvenile and the victim of the juvenile a permanent and
643-safe living arrangement;
644-(2) describes the child's level of physical health, mental and
645-emotional health and educational functioning;
646-(3) provides an assessment of the needs of the child and family;
647-(4) describes the services to be provided to the child, the child's
648-family and the child's foster parents, if appropriate;
649-(5) includes a description of the tasks and responsibilities designed
650-to achieve the plan and to whom assigned;
651-(6) includes measurable objectives and time schedules for
652-achieving the plan; and
653-(7) if the child is in an out of home placement:
654-(A) Provides a statement for the basis of determining that
655-reintegration is determined not to be a viable option if such a
656-determination is made and includes a plan for another permanent living HOUSE BILL No. 2021—page 12
657-arrangement;
658-(B) describes available alternatives;
659-(C) justifies the alternative placement selected, including a
660-description of the safety and appropriateness of such placement; and
661-(D) describes the programs and services that will help the child
662-prepare to live independently as an adult.
663-(z) "Risk and needs assessment" means a standardized instrument
664-administered on juveniles to identify specific risk factors and needs
665-shown to be statistically related to a juvenile's risk of reoffending and,
666-when properly addressed, can reduce a juvenile's risk of reoffending.
667-(aa) "Secretary" means the secretary of corrections or the
668-secretary's designee.
669-(bb) "Technical violation" means an act that violates the terms or
670-conditions imposed as part of a probation disposition pursuant to
671-K.S.A. 38-2361, and amendments thereto, and that does not constitute a
672-new juvenile offense or a new child in need of care violation pursuant
673-to K.S.A. 38-2202(d), and amendments thereto.
674-(cc) "Warrant" means a written order by a judge of the court
675-directed to any law enforcement officer commanding the officer to take
676-into custody the juvenile named or described therein.
677-(dd) "Youth residential facility" means any home, foster home or
678-structure which provides 24-hour-a-day care for juveniles and which is
679-licensed pursuant to article 5 of chapter 65 or article 70 of chapter 75 of
680-the Kansas Statutes Annotated, and amendments thereto.
681-(ee) "Behavioral health crisis" means behavioral and conduct
682-issues that impact the safety or health of a juvenile, members of the
683-juvenile's household or family or members of the community, including,
684-but not limited to, non-life threatening mental health and substance
685-abuse concerns.
686-Sec. 8. K.S.A. 38-2304 is hereby amended to read as follows: 38-
687-2304. (a) Except as provided in K.S.A. 38-2347, and amendments
688-thereto, proceedings concerning a juvenile shall be governed by the
689-provisions of this code.
164+department for children and families, the department of corrections or the
165+judicial branch, such agencies shall collaborate to provide such services.
166+Nothing in this subsection shall preclude the child from accessing services
167+provided by the Kansas department for children and families, the
168+department of corrections, the judicial branch or any other state agency if
169+the child is otherwise eligible for the services.
170+Sec. 3. K.S.A. 38-2304 is hereby amended to read as follows: 38-
171+2304. (a) Except as provided in K.S.A. 38-2347, and amendments thereto,
172+proceedings concerning a juvenile shall be governed by the provisions of
173+this code.
690174 (b) The district court shall have original jurisdiction to receive and
691175 determine proceedings under this code.
692176 (c) When a complaint is filed under this code, the juvenile shall be
693177 presumed to be subject to this code, unless the contrary is proved.
694-(d) Once jurisdiction is acquired by the district court over an
695-alleged juvenile offender, except as otherwise provided in subsection
696-(e), jurisdiction shall continue until one of the following occurs:
178+(d) Once jurisdiction is acquired by the district court over an alleged
179+juvenile offender, except as otherwise provided in subsection (e),
180+jurisdiction shall continue until one of the following occurs:
697181 (1) The complaint is dismissed;
698182 (2) the juvenile is adjudicated not guilty at trial;
699183 (3) the juvenile, after being adjudicated guilty and sentenced:
700184 (i) Successfully completes the term of probation;
701185 (ii) is discharged by the secretary pursuant to K.S.A. 38-2376, and
702186 amendments thereto;
703187 (iii) reaches the juvenile's 21
704188 st
705- birthday and no exceptions apply
706-that extend jurisdiction beyond age 21 years of age; or
189+ birthday and no exceptions apply that
190+extend jurisdiction beyond age 21 years of age; or
707191 (iv) reaches the overall case length limit;
708192 (4) the court terminates jurisdiction; or
709-(5) the juvenile is convicted of a crime as an adult pursuant to
710-chapter 22 of the Kansas Statutes Annotated, and amendments thereto.
711-(e) Once jurisdiction is acquired by the district court over an
712-alleged juvenile offender, it shall continue beyond the juvenile
713-offender's 21
193+(5) the juvenile is convicted of a crime as an adult pursuant to chapter
194+22 of the Kansas Statutes Annotated, and amendments thereto.
195+(e) Once jurisdiction is acquired by the district court over an alleged
196+juvenile offender, it shall continue beyond the juvenile offender's 21
714197 st
715198 birthday but no not later than the juvenile offender's 23
716199 rd
717200 birthday if:
718201 (1) The juvenile offender is sentenced pursuant to K.S.A. 38-2369,
719-and amendments thereto, and the term of the sentence including
720-successful completion of conditional release extends beyond the HOUSE BILL No. 2021—page 13
721-juvenile offender's 21
202+and amendments thereto, and the term of the sentence including successful
203+completion of conditional release extends beyond the juvenile offender's
204+21
722205 st
723- birthday but does not extend beyond the overall
724-case length limit; or
206+ birthday but does not extend beyond the overall case length limit; or
725207 (2) the juvenile offender is sentenced pursuant to an extended
726208 jurisdiction juvenile prosecution and continues to successfully serve the
727209 sentence imposed pursuant to the revised Kansas juvenile justice code.
728-(f) Termination of jurisdiction pursuant to this section shall have
729-no effect on the juvenile offender's continuing responsibility to pay
730-restitution ordered.
731-(g) (1) If a juvenile offender, at the time of sentencing, is in an out
732-of home out-of-home placement in the custody of the secretary for
733-children and families under the Kansas code for care of children, the
734-sentencing court may order the continued placement of the juvenile
735-offender as a child in need of care.
210+(f) Termination of jurisdiction pursuant to this section shall have no
211+effect on the juvenile offender's continuing responsibility to pay restitution
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256+(g) (1) If a juvenile offender, at the time of sentencing, is in an out of
257+home out-of-home placement in the custody of the secretary for children
258+and families under the Kansas code for care of children, the sentencing
259+court may order the continued placement of the juvenile offender as a child
260+in need of care.
736261 (2) Court services, community corrections and the department of
737262 corrections shall address the risks and needs of the juvenile offender
738263 according to the results of the risk and needs assessment.
739-(3) If the juvenile offender is placed in the custody of the secretary
740-of corrections, the secretary for children and families shall be
741-responsible for collaborating with the department of corrections to
742-furnish services ordered in the child in need of care proceeding during
743-the time of the placement pursuant to the revised Kansas juvenile
744-justice code. Nothing in this subsection shall preclude the juvenile
745-offender from accessing services provided by the Kansas department
746-for children and families or any other state agency if the juvenile
264+(3) If the juvenile offender is placed in the custody of the secretary of
265+corrections, the secretary for children and families shall be responsible for
266+collaborating with the department of corrections to furnish services
267+ordered in the child in need of care proceeding during the time of the
268+placement pursuant to the revised Kansas juvenile justice code. Nothing in
269+this subsection shall preclude the juvenile offender from accessing services
270+provided by the Kansas department for children and families or any other
271+state agency if the juvenile offender is otherwise eligible for the services.
272+(h) If a juvenile or juvenile offender is eligible to receive services
273+from the Kansas department for children and families, the department of
274+corrections or the judicial branch, such agencies shall collaborate to
275+provide such services. Nothing in this code shall preclude the juvenile or
276+juvenile offender from accessing services provided by the Kansas
277+department for children and families, the department of corrections, the
278+judicial branch or any other state agency if the juvenile or juvenile
747279 offender is otherwise eligible for the services.
748-(h) If a juvenile or juvenile offender is eligible to receive services
749-from the Kansas department for children and families, the department
750-of corrections or the judicial branch, such agencies shall collaborate
751-to provide such services. Nothing in this code shall preclude the
752-juvenile or juvenile offender from accessing services provided by the
753-Kansas department for children and families, the department of
754-corrections, the judicial branch or any other state agency if the
755-juvenile or juvenile offender is otherwise eligible for the services.
756-(i) A court's order issued in a proceeding pursuant to this code,
757-shall take precedence over such orders in a proceeding under chapter
758-23 of the Kansas Statutes Annotated, and amendments thereto, the
759-Kansas family law code, a proceeding under article 31 of chapter 60 of
760-the Kansas Statutes Annotated, and amendments thereto, protection
761-from abuse act, a proceeding under article 21 of chapter 59 of the
762-Kansas Statutes Annotated, and amendments thereto, adoption and
763-relinquishment act, a proceeding under article 30 of chapter 59 of the
764-Kansas Statutes Annotated, and amendments thereto, guardians and
765-conservators, or a comparable case in another jurisdiction, except as
766-provided by K.S.A. 2022 Supp. 23-37,101 et seq., and amendments
767-thereto, uniform child custody jurisdiction and enforcement act.
768-Sec. 9. K.S.A. 38-2330 is hereby amended to read as follows: 38-
769-2330. (a) A law enforcement officer may take a juvenile into custody
770-when:
771-(1) Any offense has been or is being committed in the officer's
772-view;
773-(2) the officer has a warrant commanding that the juvenile be
774-taken into custody;
775-(3) the officer has probable cause to believe that a warrant or order
776-commanding that the juvenile be taken into custody has been issued in
777-this state or in another jurisdiction for an act committed therein;
778-(4) the officer has probable cause to believe that the juvenile is
779-committing or has committed an act which, if committed by an adult,
780-would constitute:
781-(A) A felony; or HOUSE BILL No. 2021—page 14
782-(B) a misdemeanor and: (i) The juvenile will not be apprehended
783-or evidence of the offense will be irretrievably lost unless the juvenile
784-is immediately taken into custody; or (ii) the juvenile may cause injury
785-to self or others or damage to property or may be injured unless
786-immediately taken into custody;
787-(5) the officer has probable cause to believe that the juvenile has
788-violated an order for electronic monitoring as a term of probation; or
789-(6) the officer receives a written statement pursuant to subsection
790-(c).
791-(b) A court services officer, juvenile community corrections
792-officer or other person authorized to supervise juveniles subject to this
793-code, may take a juvenile into custody when: (1) There is a warrant
794-commanding that the juvenile be taken into custody; or (2) the officer
795-has probable cause to believe that a warrant or order commanding that
796-the juvenile be taken into custody has been issued in this state or in
797-another jurisdiction for an act committed therein.
798-(c) Any court services officer, juvenile community corrections
799-officer or other person authorized to supervise juveniles subject to this
800-code, may request a warrant by giving the court a written statement
801-setting forth that the juvenile, in the judgment of the court services
802-officer, juvenile community corrections officer or other person
803-authorized to supervise juveniles subject to this code:
804-(1) (A) Has violated the condition of the juvenile's conditional
805-release from detention or probation, for the third or subsequent time;
806-and
807-(B) poses a significant risk of physical harm to another or damage
808-to property; or
809-(2) has absconded from supervision.
810-(d) (1) A juvenile taken into custody by a law enforcement officer
811-or other person authorized pursuant to subsection (b) shall be brought
812-without unnecessary delay to the custody of the juvenile's parent or
813-other custodian, unless there are reasonable grounds to believe that
814-such action would not be in the best interests of the child or would pose
815-a risk to public safety or property.
816-(2) If the juvenile cannot be delivered to the juvenile's parent or
817-custodian, the officer may:
818-(A) Issue a notice to appear pursuant to subsection (g);
819-(B) contact or deliver the juvenile to an intake and assessment
820-worker for completion of the intake and assessment process pursuant to
821-K.S.A. 75-7023, and amendments thereto; or
822-(C) if the juvenile is determined to not be detention eligible based
823-on a standardized detention risk assessment tool and is experiencing a
824-mental behavioral health crisis, deliver a juvenile to a juvenile crisis
825-intervention center, as described in K.S.A. 65-536, and amendments
826-thereto, after written authorization by a community mental health
827-center.
828-(3) It shall be the duty of the officer to furnish the county or
829-district attorney and the juvenile intake and assessment worker if the
830-officer has delivered the juvenile to the worker or issued a notice to
831-appear consistent with subsection (g), with all of the information in the
832-officer's possession pertaining to the juvenile, the juvenile's parent or
833-other persons interested in or likely to be interested in the juvenile and
834-all other facts and circumstances which caused the juvenile to be
835-arrested or taken into custody.
836-(e) In the absence of a court order to the contrary, the court or
837-officials designated by the court, the county or district attorney or the
838-law enforcement agency taking a juvenile into custody shall direct the
839-release prior to the time specified by K.S.A. 38-2343(a), and
840-amendments thereto. In addition, pursuant to K.S.A. 75-7023 and HOUSE BILL No. 2021—page 15
841-K.S.A. 38-2346, and amendments thereto, a juvenile intake and
842-assessment worker shall direct the release of a juvenile prior to a
843-detention hearing after the completion of the intake and assessment
844-process.
845-(f) Whenever a person 18 years of age or more is taken into
846-custody by a law enforcement officer for an alleged offense which was
847-committed prior to the time the person reached the age of 18, the
848-officer shall notify and refer the matter to the court for proceedings
849-pursuant to this code, except that the provisions of this code relating to
850-detention hearings shall not apply to that person. If such person is
851-eligible for detention, and all suitable alternatives to detention have
852-been exhausted, the person shall be detained in jail. Unless the law
853-enforcement officer took the person into custody pursuant to a warrant
854-issued by the court and the warrant specifies the amount of bond or
855-indicates that the person may be released on personal recognizance, the
856-person shall be taken before the court of the county where the alleged
857-act took place or, at the request of the person, the person shall be taken,
858-without delay, before the nearest court. The court shall fix the terms and
859-conditions of an appearance bond upon which the person may be
860-released from custody. The provisions of article 28 of chapter 22 of the
861-Kansas Statutes Annotated and K.S.A. 22-2901, and amendments
862-thereto, relating to appearance bonds and review of conditions and
863-release shall be applicable to appearance bonds provided for in this
864-section.
865-(g) (1) Whenever a law enforcement officer detains any juvenile
866-and such juvenile is not immediately taken to juvenile intake and
867-assessment services, the officer may serve upon such juvenile a written
868-notice to appear. Such notice to appear shall contain the name and
869-address of the juvenile detained, the crime charged and the location and
870-phone number of the juvenile intake and assessment services office
871-where the juvenile will need to appear with a parent or guardian.
872-(2) The juvenile intake and assessment services office specified in
873-such notice to appear must be contacted by the juvenile or a parent or
874-guardian no more than 48 hours after such notice is given, excluding
875-weekends and holidays.
876-(3) The juvenile detained, in order to secure release as provided in
877-this section, must give a written promise to call within the time
878-specified by signing the written notice prepared by the officer. The
879-original notice shall be retained by the officer and a copy shall be
880-delivered to the juvenile detained and that juvenile's parent or guardian
881-if such juvenile is under 18 years of age. The officer shall then release
882-the juvenile.
883-(4) The law enforcement officer shall cause to be filed, without
884-unnecessary delay, a complaint with juvenile intake and assessment
885-services in which a juvenile released pursuant to paragraph (3) is given
886-notice to appear, charging the crime stated in such notice. A copy shall
887-also be provided to the district or county attorney. If the juvenile
888-released fails to contact juvenile intake and assessment services as
889-required in the notice to appear, juvenile intake and assessment services
890-shall notify the district or county attorney.
891-(5) The notice to appear served pursuant to paragraph (1) and the
892-complaint filed pursuant to paragraph (4) may be provided to the
893-juvenile in a single citation.
894-Sec. 10. K.S.A. 38-2391 is hereby amended to read as follows: 38-
895-2391. (a) Upon adjudication as a juvenile offender pursuant to K.S.A.
896-38-2356, and amendments thereto, modification of sentence pursuant to
280+(i) A court's order issued in a proceeding pursuant to this code, shall
281+take precedence over such orders in a proceeding under chapter 23 of the
282+Kansas Statutes Annotated, and amendments thereto, the Kansas family
283+law code, a proceeding under article 31 of chapter 60 of the Kansas
284+Statutes Annotated, and amendments thereto, protection from abuse act, a
285+proceeding under article 21 of chapter 59 of the Kansas Statutes
286+Annotated, and amendments thereto, adoption and relinquishment act, a
287+proceeding under article 30 of chapter 59 of the Kansas Statutes
288+Annotated, and amendments thereto, guardians and conservators, or a
289+comparable case in another jurisdiction, except as provided by K.S.A.
290+2022 Supp. 23-37,101 et seq., and amendments thereto, uniform child
291+custody jurisdiction and enforcement act.
292+Sec. 4. K.S.A. 38-2361 is hereby amended to read as follows: 38-
293+2361. (a) Upon adjudication as a juvenile offender pursuant to K.S.A. 38-
294+2356, and amendments thereto, modification of sentence pursuant to
897295 K.S.A. 38-2367, and amendments thereto, or violation of a condition of
898-sentence pursuant to K.S.A. 38-2368, and amendments thereto, the
899-court may impose one or more of the sentencing alternatives under HOUSE BILL No. 2021—page 16
900-K.S.A. 38-2361, and amendments thereto, for a period of time pursuant
901-to this section and K.S.A. 38-2369, and amendments thereto. The
902-period of time ordered by the court shall not exceed the overall case
903-length limit.
904-(b) Except as provided in subsection (c), the overall case length
905-limit shall be calculated based on the adjudicated offense and the
906-results of a risk and needs assessment, as follows:
907-(1) Offenders adjudicated for a misdemeanor may remain under
908-the jurisdiction of the court for up to 12 months;
909-(2) low-risk and moderate-risk offenders adjudicated for a felony
910-may remain under court jurisdiction for up to 15 months; and
296+sentence pursuant to K.S.A. 38-2368, and amendments thereto, the court
297+may impose one or more of the following sentencing alternatives for a
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341+fixed period pursuant to K.S.A. 38-2369 and 38-2391, and amendments
342+thereto.
343+(1) Place the juvenile on probation for a fixed period pursuant to
344+K.S.A. 38-2391, and amendments thereto, subject to terms and conditions
345+the court deems appropriate consistent with juvenile justice programs in
346+the community. Any juvenile placed on probation shall be supervised
347+according to the juvenile's risk and needs as determined by a risk and
348+needs assessment. Placement of juvenile offenders to community
349+corrections for probation supervision shall be limited to offenders
350+adjudicated for an offense that are determined to be moderate-risk, high-
351+risk or very high-risk on a risk and needs assessment using the cutoff
352+scores established by the secretary pursuant to K.S.A. 38-2360, and
353+amendments thereto.
354+(2) Order the juvenile to participate in a community based program
355+available in such judicial district subject to the terms and conditions the
356+court deems appropriate. This alternative shall not be ordered with the
357+alternative in paragraph (11). Requirements pertaining to child support
358+may apply if custody is vested with other than a parent.
359+(3) Place the juvenile in the custody of a parent or other suitable
360+person, which is not a group home or other facility licensed pursuant to
361+article 5 of chapter 65 of the Kansas Statutes Annotated, and amendments
362+thereto, subject to terms and conditions consistent with juvenile justice
363+programs in the community. This alternative shall not be ordered with the
364+alternative in paragraph (11). Requirements pertaining to child support
365+may apply if custody is vested with other than a parent.
366+(4) Order the juvenile to attend counseling, educational, mediation or
367+other sessions, or to undergo a drug evaluation pursuant to subsection (b).
368+(5) Suspend or restrict the juvenile's driver's license or privilege to
369+operate a motor vehicle on the streets and highways of this state pursuant
370+to subsection (c).
371+(6) Order the juvenile to perform charitable or community service
372+work.
373+(7) Order the juvenile to make appropriate reparation or restitution
374+pursuant to subsection (d).
375+(8) Order the juvenile to pay a fine not exceeding $1,000 pursuant to
376+subsection (e).
377+(9) Place the juvenile under a house arrest program administered by
378+the court pursuant to K.S.A. 2022 Supp. 21-6609, and amendments
379+thereto.
380+(10) Place the juvenile in the custody of the secretary of corrections
381+as provided in K.S.A. 38-2365, and amendments thereto. This alternative
382+shall not be ordered with the alternative in paragraph (3) or (12). Except
383+for mandatory drug and alcohol evaluation, when this alternative is
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427+ordered with alternatives in paragraphs (2), (4) and (9), such orders shall
428+constitute a recommendation by the court. Requirements pertaining to
429+child support shall apply under this alternative. The provisions of this
430+paragraph shall expire on January 1, 2018.
431+(11) Upon a violation of a condition of sentence, other than a
432+technical violation pursuant to K.S.A. 38-2368, and amendments thereto,
433+commit the juvenile to detention for a period no longer than 30 days
434+subject to the provisions of subsection (g).
435+(12) If the judge finds and enters into the written record that the
436+juvenile poses a significant risk of harm to another or damage to property,
437+and the juvenile is otherwise eligible for commitment pursuant to K.S.A.
438+38-2369, and amendments thereto, commit the juvenile directly to the
439+custody of the secretary of corrections for placement in a juvenile
440+correctional facility or a youth residential facility. Placement in a youth
441+residential facility shall only be permitted as authorized in K.S.A. 38-
442+2369(e), and amendments thereto. If the court elects, a period of
443+conditional release pursuant to K.S.A. 38-2369, and amendments thereto,
444+may also be ordered. The period of conditional release shall be limited to a
445+maximum of six months and shall be subject to graduated responses.
446+Twenty-one days prior to the juvenile's release from a juvenile correctional
447+facility, the secretary of corrections or designee shall notify the court of the
448+juvenile's anticipated release date. This alternative may be ordered with the
449+alternative in paragraph (7). Requirements pertaining to child support shall
450+apply under this alternative.
451+(13) Upon a finding by the trier of fact during adjudication that a
452+firearm was used in the commission of an offense by the accused which, if
453+committed by an adult, would constitute a felony, a judge may commit the
454+juvenile directly to the custody of the secretary of corrections for
455+placement in a juvenile correctional facility or youth residential facility for
456+a minimum term of six months and up to a maximum term of 18 months,
457+regardless of the risk level of such juvenile as determined by a risk and
458+needs assessment. If the juvenile is committed to the custody of the
459+secretary, and the court elects, a period of conditional release, pursuant to
460+K.S.A. 38-2369, and amendments thereto, may also be ordered. The period
461+of conditional release shall be limited to a maximum of six months and
462+shall be subject to graduated responses. Twenty-one days prior to the
463+juvenile's release from a juvenile correctional facility or youth residential
464+facility, the secretary of corrections or the secretary's designee shall notify
465+the court of the juvenile's anticipated release date.
466+(b) If the court orders the juvenile to attend counseling, educational,
467+mediation or other sessions, or to undergo a drug and alcohol evaluation
468+pursuant to subsection (a)(4), the following provisions apply:
469+(1) The court may order the juvenile offender to participate in
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513+counseling or mediation sessions or a program of education, including
514+placement in an alternative educational program approved by a local
515+school board. The costs of any counseling or mediation may be assessed as
516+expenses in the case. No mental health center shall charge a fee for court-
517+ordered counseling greater than what the center would have charged the
518+person receiving the counseling if the person had requested counseling on
519+the person's own initiative. No mediator shall charge a fee for court-
520+ordered mediation greater than what the mediator would have charged the
521+person participating in the mediation if the person had requested mediation
522+on the person's own initiative. Mediation may include the victim but shall
523+not be mandatory for the victim; and
524+(2) if the juvenile has been adjudicated to be a juvenile by reason of a
525+violation of a statute that makes such a requirement, the court shall order
526+and, if adjudicated for any other offense, the court may order the juvenile
527+to submit to and complete a drug and alcohol evaluation by a community-
528+based drug and alcohol safety action program certified pursuant to K.S.A.
529+8-1008, and amendments thereto, and to pay a fee not to exceed the fee
530+established by that statute for such evaluation. The court may waive the
531+mandatory evaluation if the court finds that the juvenile completed a drug
532+and alcohol evaluation, approved by the community-based alcohol and
533+drug safety action program, within 12 months before sentencing. If the
534+evaluation occurred more than 12 months before sentencing, the court
535+shall order the juvenile to resubmit to and complete the evaluation and
536+program as provided herein. If the court finds that the juvenile and those
537+legally liable for the juvenile's support are indigent, the court may waive
538+the fee. In no event shall the fee be assessed against the secretary of
539+corrections or the department of corrections nor shall the fee be assessed
540+against the secretary of the department for children and families or the
541+Kansas department for children and families if the juvenile is in the
542+secretary's care, custody and control.
543+(c) If the court orders suspension or restriction of a juvenile offender's
544+driver's license or privilege to operate a motor vehicle on the streets and
545+highways of this state pursuant to subsection (a)(5), the following
546+provisions apply:
547+(1) The duration of the suspension ordered by the court shall be for a
548+definite time period to be determined by the court. Upon suspension of a
549+license pursuant to this subsection, the court shall require the juvenile
550+offender to surrender the license to the court. The court shall transmit the
551+license to the division of motor vehicles of the department of revenue, to
552+be retained until the period of suspension expires. At that time, the licensee
553+may apply to the division for return of the license. If the license has
554+expired, the juvenile offender may apply for a new license, which shall be
555+issued promptly upon payment of the proper fee and satisfaction of other
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599+conditions established by law for obtaining a license unless another
600+suspension or revocation of the juvenile offender's privilege to operate a
601+motor vehicle is in effect. As used in this subsection, "highway" and
602+"street" have the meanings provided by K.S.A. 8-1424 and 8-1473, and
603+amendments thereto. Any juvenile offender who does not have a driver's
604+license may have driving privileges revoked. No Kansas driver's license
605+shall be issued to a juvenile offender whose driving privileges have been
606+revoked pursuant to this section for a definite time period to be determined
607+by the court; and
608+(2) in lieu of suspending a juvenile offender's driver's license or
609+privilege to operate a motor vehicle on the highways of this state, the court
610+may enter an order which places conditions on the juvenile offender's
611+privilege of operating a motor vehicle on the streets and highways of this
612+state, a certified copy of which the juvenile offender shall be required to
613+carry any time the juvenile offender is operating a motor vehicle on the
614+streets and highways of this state. The order shall prescribe a definite time
615+period for the conditions imposed. Upon entering an order restricting a
616+juvenile offender's license, the court shall require the juvenile offender to
617+surrender such juvenile offender's license to the court. The court shall
618+transmit the license to the division of vehicles, together with a copy of the
619+order. Upon receipt thereof, the division of vehicles shall issue without
620+charge a driver's license which shall indicate on its face that conditions
621+have been imposed on the juvenile offender's privilege of operating a
622+motor vehicle and that a certified copy of the order imposing the
623+conditions is required to be carried by the juvenile offender when
624+operating a motor vehicle on the streets and highways of this state. If the
625+juvenile offender is a nonresident, the court shall cause a copy of the order
626+to be transmitted to the division and the division shall forward a copy of it
627+to the motor vehicle administrator of the juvenile offender's state of
628+issuance. The court shall furnish to any juvenile offender whose driver's
629+license has had conditions imposed on it under this section a copy of the
630+order, which shall be recognized as a valid Kansas driver's license until the
631+division issues the restricted license provided for in this subsection. Upon
632+expiration of the period of time for which conditions are imposed pursuant
633+to this subsection, the juvenile offender may apply to the division for the
634+return of the license previously surrendered by the juvenile offender. In the
635+event the license has expired, the juvenile offender may apply to the
636+division for a new license, which shall be issued immediately by the
637+division upon payment of the proper fee and satisfaction of the other
638+conditions established by law unless such juvenile offender's privilege to
639+operate a motor vehicle on the streets and highways of this state has been
640+suspended or revoked prior thereto. If any juvenile offender violates any of
641+the conditions imposed under this subsection, the juvenile offender's
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685+driver's license or privilege to operate a motor vehicle on the streets and
686+highways of this state shall be revoked for a period as determined by the
687+court in which the juvenile offender is convicted of violating such
688+conditions.
689+(d) The following provisions apply to the court's determination of
690+whether to order reparation or restitution pursuant to subsection (a)(7):
691+(1) The court shall order the juvenile to make reparation or restitution
692+to the aggrieved party for the damage or loss caused by the juvenile
693+offender's offense unless it finds compelling circumstances that would
694+render a plan of reparation or restitution unworkable. If the court finds
695+compelling circumstances that would render a plan of reparation or
696+restitution unworkable, the court shall enter such findings with
697+particularity on the record. In lieu of reparation or restitution, the court
698+may order the juvenile to perform charitable or social service for
699+organizations performing services for the community; and
700+(2) restitution may include, but shall not be limited to, the amount of
701+damage or loss caused by the juvenile's offense. Restitution may be made
702+by payment of an amount fixed by the court or by working for the parties
703+sustaining loss in the manner ordered by the court. An order of monetary
704+restitution shall be a judgment against the juvenile that may be collected
705+by the court by garnishment or other execution as on judgments in civil
706+cases. Such judgment shall not be affected by the termination of the court's
707+jurisdiction over the juvenile offender.
708+(e) If the court imposes a fine pursuant to subsection (a)(8), the
709+following provisions apply:
710+(1) The amount of the fine may not exceed $1,000 for each offense.
711+The amount of the fine should be related to the seriousness of the offense
712+and the juvenile's ability to pay. Payment of a fine may be required in a
713+lump sum or installments;
714+(2) in determining whether to impose a fine and the amount to be
715+imposed, the court shall consider that imposition of a fine is most
716+appropriate in cases where the juvenile has derived pecuniary gain from
717+the offense and that imposition of a restitution order is preferable to
718+imposition of a fine; and
719+(3) any fine imposed by the court shall be a judgment against the
720+juvenile that may be collected by the court by garnishment or other
721+execution as on judgments in civil cases. Such judgment shall not be
722+affected by the termination of the court's jurisdiction over the juvenile.
723+(f) Before the court sentences a juvenile offender pursuant to
724+subsection (a), the court shall administer a risk assessment tool, as
725+described in K.S.A. 38-2360, and amendments thereto, or review a risk
726+assessment tool that was administered within the past six months to the
727+juvenile and use the results of that assessment to inform orders made
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771+pursuant to K.S.A. 38-2369 and 38-2391, and amendments thereto.
772+(g) If the court commits the juvenile to detention pursuant to
773+subsection (a)(11), the following provisions shall apply:
774+(1) The court shall only order commitment to detention upon
775+violation of sentencing conditions where all other alternatives have been
776+exhausted.
777+(2) In order to commit a juvenile to detention upon violation of
778+sentencing conditions, the court shall find that the juvenile poses a
779+significant risk of harm to another or damage to property, is charged with a
780+new felony offense, or violates conditional release.
781+(3) The court shall not order commitment to detention upon
782+adjudication as a juvenile offender pursuant to K.S.A. 38-2356, and
783+amendments thereto, for solely technical violations of probation, contempt,
784+a violation of a valid court order, to protect from self-harm or due to any
785+state or county failure to find adequate alternatives.
786+(4) Cumulative detention use shall be limited to a maximum of 45 90
787+days over the course of a juvenile offender's case pursuant to K.S.A. 38-
788+2391, and amendments thereto. The court shall review any detention
789+commitment every seven days and may shorten the initial commitment or
790+extend the commitment. In no case, however, may the term of detention or
791+any extension thereof exceed the cumulative detention limit of 45 90 days
792+or the overall case length limit.
793+(5) A juvenile over 18 years of age and less than 23 years of age at
794+sentencing shall be committed to a county jail, in lieu of a juvenile
795+detention center, under the same time restrictions imposed by paragraph
796+(1), but shall not be committed to or confined in a juvenile detention
797+facility.
798+(h) Any order issued by the judge pursuant to this section shall be in
799+effect immediately upon entry into the court's minutes.
800+(i) In addition to the requirements of K.S.A. 38-2373, and
801+amendments thereto, if a person is under 18 years of age and convicted of
802+a felony or adjudicated as a juvenile offender for an offense if committed
803+by an adult would constitute the commission of a felony, the court shall
804+forward a signed copy of the journal entry to the secretary of corrections
805+within 30 days of final disposition.
806+(j) Except as further provided, if a juvenile has been adjudged to be a
807+juvenile offender for an offense which, if committed by an adult would
808+constitute the commission of: (1) Aggravated human trafficking, as defined
809+in K.S.A. 2022 Supp. 21-5426(b), and amendments thereto, if the victim is
810+less than 14 years of age; (2) rape, as defined in K.S.A. 2022 Supp. 21-
811+5503(a)(3), and amendments thereto; (3) aggravated indecent liberties with
812+a child, as defined in K.S.A. 2022 Supp. 21-5506(b)(3), and amendments
813+thereto; (4) aggravated criminal sodomy, as defined in K.S.A. 2022 Supp.
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857+21-5504(b)(1) or (b)(2), and amendments thereto; (5) commercial sexual
858+exploitation of a child, as defined in K.S.A. 2022 Supp. 21-6422, and
859+amendments thereto, if the victim is less than 14 years of age; (6) sexual
860+exploitation of a child, as defined in K.S.A. 2022 Supp. 21-5510(a)(1) or
861+(a)(4), and amendments thereto, if the victim is less than 14 years of age;
862+or (7) an attempt, conspiracy or criminal solicitation, as defined in K.S.A.
863+2022 Supp. 21-5301, 21-5302 or 21-5303, and amendments thereto, of an
864+offense defined in paragraphs (1) through (6); the court shall issue an order
865+prohibiting the juvenile from attending the attendance center that the
866+victim of the offense attends. If only one attendance center exists, for
867+which the victim and juvenile are eligible to attend, in the school district
868+where the victim and the juvenile reside, the court shall hear testimony and
869+take evidence from the victim, the juvenile, their families and a
870+representative of the school district as to why the juvenile should or should
871+not be allowed to remain at the attendance center attended by the victim.
872+After such hearing, the court may issue an order prohibiting the juvenile
873+from attending the attendance center that the victim of the offense attends.
874+(k) The court may order a short-term alternative placement of a
875+juvenile pursuant to subsection (a)(3) in an emergency shelter, therapeutic
876+foster home or community integration program if:
877+(1) Such juvenile has been adjudicated to be a juvenile offender for
878+an offense which, if committed by an adult would constitute the
879+commission of:
880+(A) Aggravated human trafficking, as defined in K.S.A. 2022 Supp.
881+21-5426(b), and amendments thereto, if the victim is less than 14 years of
882+age;
883+(B) rape, as defined in K.S.A. 2022 Supp. 21-5503, and amendments
884+thereto;
885+(C) commercial sexual exploitation of a child, as defined in K.S.A.
886+2022 Supp. 21-6422, and amendments thereto, if the victim is less than 14
887+years of age;
888+(D) sexual exploitation of a child, as defined in K.S.A. 2022 Supp.
889+21-5510(a)(1) or (a)(4), and amendments thereto, if the victim is less than
890+14 years of age;
891+(E) aggravated indecent liberties with a child, as defined in K.S.A.
892+2022 Supp. 21-5506, and amendments thereto, if the victim is less than 14
893+years of age; or
894+(F) an attempt, conspiracy or criminal solicitation, as defined in
895+K.S.A. 2022 Supp. 21-5301, 21-5302 or 21-5303, and amendments
896+thereto, of an offense defined in paragraphs (1) through (4); and
897+(2) (A) the victim resides in the same home as the juvenile offender;
898+(B) a community supervision officer in consultation with the
899+department for children and families determines that an adequate safety
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943+plan, which shall include the physical and psychological well-being of the
944+victim, cannot be developed to keep the juvenile in the same home; and
945+(C) there are no relevant child in need of care issues that would
946+permit a case to be filed under the Kansas code for care of children.
947+The presumptive term of commitment shall not extend beyond the
948+overall case length limit but may be modified pursuant to K.S.A. 38-2367
949+and 38-2397, and amendments thereto. If a child is placed outside the
950+child's home at the dispositional hearing pursuant to this subsection and no
951+reintegration plan is made a part of the record of the hearing, a written
952+reintegration plan shall be prepared pursuant to K.S.A. 38-2397, and
953+amendments thereto, and submitted to the court within 15 days of the
954+initial order of the court.
955+(l) The sentencing hearing shall be open to the public as provided in
956+K.S.A. 38-2353, and amendments thereto.
957+(m) The overall case length limit shall be calculated by the court and
958+entered into the written record when one or more of the sentencing options
959+under this section are imposed. The period fixed by the court pursuant to
960+subsection (a) shall not extend beyond the overall case length limit.
961+Sec. 5. K.S.A. 38-2391 is hereby amended to read as follows: 38-
962+2391. (a) Upon adjudication as a juvenile offender pursuant to K.S.A. 38-
963+2356, and amendments thereto, modification of sentence pursuant to
964+K.S.A. 38-2367, and amendments thereto, or violation of a condition of
965+sentence pursuant to K.S.A. 38-2368, and amendments thereto, the court
966+may impose one or more of the sentencing alternatives under K.S.A. 38-
967+2361, and amendments thereto, for a period of time pursuant to this section
968+and K.S.A. 38-2369, and amendments thereto. The period of time ordered
969+by the court shall not exceed the overall case length limit.
970+(b) Except as provided in subsection (c), the overall case length limit
971+shall be calculated based on the adjudicated offense and the results of a
972+risk and needs assessment, as follows:
973+(1) Offenders adjudicated for a misdemeanor may remain under the
974+jurisdiction of the court for up to 12 months;
975+(2) low-risk and moderate-risk offenders adjudicated for a felony may
976+remain under court jurisdiction for up to 15 months; and
911977 (3) high-risk offenders adjudicated for a felony may remain under
912978 court jurisdiction for up to 18 months.
913979 (c) There shall be no overall case length limit for a juvenile
914-adjudicated for a felony which, if committed by an adult, would
915-constitute an off-grid felony or a nondrug severity level 1 through 4
916-person felony.
917-(d) When a juvenile is adjudicated for multiple counts, the
918-maximum overall case length shall be calculated based on the most
919-severe adjudicated count or any other adjudicated count at the court's
920-discretion. The court shall not run multiple adjudicated counts
921-consecutively.
980+adjudicated for a felony which, if committed by an adult, would constitute
981+an off-grid felony or a nondrug severity level 1 through 4 person felony.
982+(d) When a juvenile is adjudicated for multiple counts, the maximum
983+overall case length shall be calculated based on the most severe
984+adjudicated count or any other adjudicated count at the court's discretion.
985+The court shall not run multiple adjudicated counts consecutively.
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9221029 (e) When the juvenile is adjudicated for multiple cases
9231030 simultaneously, the court shall run those such cases concurrently.
9241031 (f) Upon expiration of the overall case length limit as defined in
9251032 subsection (b), the court's jurisdiction terminates and shall not be
9261033 extended, except as provided in subsection (g)(2).
9271034 (g) (1) For the purposes of placing juvenile offenders on probation
9281035 pursuant to K.S.A. 38-2361, and amendments thereto, the court shall
929-establish a specific term of probation as specified in this subsection
930-based on the most serious adjudicated count in combination with the
931-results of a risk and needs assessment, as follows, except that the term
932-of probation shall not exceed the overall case length limit:
1036+establish a specific term of probation as specified in this subsection based
1037+on the most serious adjudicated count in combination with the results of a
1038+risk and needs assessment, as follows, except that the term of probation
1039+shall not exceed the overall case length limit:
9331040 (A) Low-risk and moderate-risk offenders adjudicated for a
9341041 misdemeanor and low-risk offenders adjudicated for a felony may be
9351042 placed on probation for a term up to six months;
936-(B) high-risk offenders adjudicated for a misdemeanor and
937-moderate-risk offenders adjudicated for a felony may be placed on
938-probation for a term up to nine months; and
1043+(B) high-risk offenders adjudicated for a misdemeanor and moderate-
1044+risk offenders adjudicated for a felony may be placed on probation for a
1045+term up to nine months; and
9391046 (C) high-risk offenders adjudicated for a felony may be placed on
9401047 probation for a term up to 12 months.
9411048 (2) The court may extend the term of probation if a juvenile needs
9421049 time to complete an evidence-based program as determined to be
9431050 necessary based on the results of a validated risk and needs assessment
9441051 and, if necessary, may extend the overall case length limit to allow for
945-completion of such program when failure to complete such program is
946-due to a repeated, intentional effort to delay by the juvenile as reported
947-by the evidence-based services provider. The court may also extend the
948-term of probation for good cause shown for one month for low-risk
949-offenders, three months for moderate-risk offenders and six months for
950-high-risk offenders. Prior to extension of the initial probationary term,
951-the court shall find and enter into the written record the criteria
952-permitting extension of probation. Extensions of probation and the
953-overall case length limit shall only be granted incrementally and shall
954-not exceed the overall case length limit. When the court extends the
955-term of probation for a juvenile offender, the court services officer or
956-community correctional services officer responsible for monitoring
957-such juvenile offender shall record the reason given for extending
958-probation. Court services officers shall report such records to the office HOUSE BILL No. 2021—page 17
959-of judicial administration, and community correctional services officers
960-shall report such records to the department of corrections. The office of
961-judicial administration and the department of corrections shall report
962-such recorded data to the Kansas juvenile justice oversight committee
963-on a quarterly basis.
1052+completion of such program when failure to complete such program is due
1053+to delay by the juvenile. The court may also extend the term of probation
1054+for good cause shown for one month for low-risk offenders, three months
1055+for moderate-risk offenders and six months for high-risk offenders. Prior
1056+to extension of the initial probationary term, the court shall find and enter
1057+into the written record the criteria permitting extension of probation.
1058+Extensions of probation and the overall case length limit shall only be
1059+granted incrementally and shall not exceed the overall case length limit.
1060+When the court extends the term of probation for a juvenile offender, the
1061+court services officer or community correctional services officer
1062+responsible for monitoring such juvenile offender shall record the reason
1063+given for extending probation. Court services officers shall report such
1064+records to the office of judicial administration, and community
1065+correctional services officers shall report such records to the department of
1066+corrections. The office of judicial administration and the department of
1067+corrections shall report such recorded data to the Kansas juvenile justice
1068+oversight committee on a quarterly basis.
9641069 (3) The probation term limits do not apply to those offenders
9651070 adjudicated for an offense which, if committed by an adult, would
9661071 constitute an off-grid crime, rape as defined in K.S.A. 2022 Supp. 21-
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9671115 5503(a)(1), and amendments thereto, aggravated criminal sodomy as
968-defined in K.S.A. 2022 Supp. 21-5504(b)(3), and amendments thereto,
969-or murder in the second degree as defined in K.S.A. 2022 Supp. 21-
970-5403, and amendments thereto. Such offenders may be placed on
971-probation for a term consistent with the overall case length limit.
972-(4) The probation term limits and overall case length limits
973-provided in this section shall be tolled during any time that the offender
974-has absconded from supervision while on probation, and the time on
975-such limits shall not start to run again until the offender is located and
976-brought back to the jurisdiction.
1116+defined in K.S.A. 2022 Supp. 21-5504(b)(3), and amendments thereto, or
1117+murder in the second degree as defined in K.S.A. 2022 Supp. 21-5403, and
1118+amendments thereto. Such offenders may be placed on probation for a
1119+term consistent with the overall case length limit.
1120+(4) The probation term limits and overall case length limits provided
1121+in this section shall be tolled during any time that the offender has
1122+absconded from supervision while on probation, and the time on such
1123+limits shall not start to run again until the offender is located and brought
1124+back to the jurisdiction.
9771125 (h) For the purpose of placing juvenile offenders in detention
9781126 pursuant to K.S.A. 38-2361 and 38-2369, and amendments thereto, the
9791127 court shall establish a specific term of detention. The term of detention
980-shall not exceed the overall case length limit or the cumulative
981-detention limit. Cumulative detention use shall be limited to a
982-maximum of 45 days over the course of the juvenile offender's case,
983-except that there shall be no limit on cumulative detention for juvenile
984-offenders adjudicated for a felony which, if committed by an adult,
985-would constitute an off-grid felony or a nondrug severity level 1
986-through 4 person felony.
987-(i) The provisions of this section shall apply upon disposition or
988-15 days after adjudication, whichever is sooner, unless the juvenile fails
989-to appear for such juvenile's dispositional hearing. If a juvenile fails to
990-appear at such juvenile's dispositional hearing, the probation term limits
991-and overall case length limits provided in this section shall not apply
992-until the juvenile is brought before the court for disposition in such
993-juvenile's case.
1128+shall not exceed the overall case length limit or the cumulative detention
1129+limit. Cumulative detention use shall be limited to a maximum of 45 90
1130+days over the course of the juvenile offender's case, except that there shall
1131+be no limit on cumulative detention for juvenile offenders adjudicated for
1132+a felony which, if committed by an adult, would constitute an off-grid
1133+felony or a nondrug severity level 1 through 4 person felony.
1134+(i) The provisions of this section shall apply upon disposition or 15
1135+days after adjudication, whichever is sooner, unless the juvenile fails to
1136+appear for such juvenile's dispositional hearing. If a juvenile fails to appear
1137+at such juvenile's dispositional hearing, the probation term limits and
1138+overall case length limits provided in this section shall not apply until the
1139+juvenile is brought before the court for disposition in such juvenile's case.
9941140 (j) This section shall be a part of and supplemental to the revised
9951141 Kansas juvenile justice code.
996-Sec. 11. K.S.A. 38-2392 is hereby amended to read as follows: 38-
1142+Sec. 6. K.S.A. 38-2392 is hereby amended to read as follows: 38-
9971143 2392. (a) The department of corrections shall, in consultation with the
9981144 supreme court, adopt rules and regulations by January 1, 2017, for a
999-statewide system of structured community-based graduated responses
1000-for technical violations of probation, violations of conditional release
1001-and violations of a condition of sentence by juveniles. Such graduated
1002-responses shall be utilized by community supervision officers to
1003-provide a continuum of community-based responses. These responses
1004-shall include sanctions that are swift and certain to address violations
1005-based on the severity of the violation as well as incentives that
1006-encourage positive behaviors. Such responses shall take into account
1007-the juvenile's risks and needs. The court services officer or community
1008-correctional services officer shall immediately notify the court and
1009-shall submit in writing a report showing in what manner the juvenile
1010-has violated probation, conditional release or a condition of sentence.
1011-(b) (1) Except as provided in paragraph (4), when a juvenile is
1012-placed on probation pursuant to K.S.A. 38-2361, and amendments
1013-thereto, community supervision officers shall utilize graduated
1014-responses, targeted to the juvenile's risks and needs based on the results
1015-of a risk and needs assessment to address technical violations. A
1016-technical violation shall only be considered by the court for revocation
1017-if: HOUSE BILL No. 2021—page 18
1145+statewide system of structured community-based graduated responses for
1146+technical violations of probation, violations of conditional release and
1147+violations of a condition of sentence by juveniles. Such graduated
1148+responses shall be utilized by community supervision officers to provide a
1149+continuum of community-based responses. These responses shall include
1150+sanctions that are swift and certain to address violations based on the
1151+severity of the violation as well as incentives that encourage positive
1152+behaviors. Such responses shall take into account the juvenile's risks and
1153+needs.
1154+(b) (1) Except as provided in paragraph (4), when a juvenile is placed
1155+on probation pursuant to K.S.A. 38-2361, and amendments thereto,
1156+community supervision officers shall utilize graduated responses, targeted
1157+to the juvenile's risks and needs based on the results of a risk and needs
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1201+assessment to address technical violations. A technical violation shall only
1202+be considered by the court for revocation if:
10181203 (1)(A) It is a third or subsequent technical violation;
10191204 (2)(B) prior failed responses are documented in the juvenile's case
10201205 plan; and
10211206 (3)(C) the community supervision officer has determined and
10221207 documented that graduated responses to the violation will not suffice.
10231208 (2) Unless a juvenile poses a significant risk of physical harm to
1024-another or damage to property, community supervision officers shall
1025-issue a summons rather than request a warrant on a third or subsequent
1026-technical violation subject to review by the court.
1027-(3) Absconding from supervision shall not be considered a
1028-technical violation of probation and, after reasonable efforts to locate a
1029-juvenile that has absconded are unsuccessful, the court may issue a
1030-warrant for the juvenile pursuant to K.S.A. 38-2342, and amendments
1031-thereto.
1209+another or damage to property, community supervision officers shall issue
1210+a summons rather than request a warrant on a third or subsequent technical
1211+violation subject to review by the court.
1212+(3) Absconding from supervision shall not be considered a technical
1213+violation of probation and, after reasonable efforts to locate a juvenile that
1214+has absconded are unsuccessful, the court may issue a warrant for the
1215+juvenile pursuant to K.S.A. 38-2342, and amendments thereto.
10321216 (4) When a juvenile is placed on probation pursuant to K.S.A. 38-
10331217 2361, and amendments thereto, a judge may commit such juvenile to
1034-detention for a violation of probation and for contempt of court if the
1035-judge makes a finding that the juvenile is demonstrating escalating use
1036-of physical violence, aggression, weapons, damage to property or life-
1037-threatening substances. A juvenile may be committed to detention for a
1218+detention for a violation of probation, including a technical violation, and
1219+for contempt of court. A juvenile may be committed to detention for a
10381220 period not to exceed:
10391221 (A) 24 hours for a first violation;
10401222 (B) 48 hours for a second violation; and
10411223 (C) 15 days for a third or subsequent violation.
10421224 (c) When a juvenile is placed on probation pursuant to K.S.A. 38-
10431225 2361, and amendments thereto, the community supervision officer
10441226 responsible for oversight of the juvenile shall develop a case plan in
1045-consultation with the juvenile and the juvenile's family. The department
1046-for children and families and local board of education may participate
1047-in the development of the case plan when appropriate.
1048-(1) Such case plan shall incorporate the results of the risk and
1049-needs assessment, referrals to programs, documentation on violations
1050-and graduated responses and shall clearly define the role of each person
1051-or agency working with the juvenile.
1052-(2) If the juvenile is later committed to the custody of the
1053-secretary, the case plan shall be shared with the juvenile correctional
1054-facility.
1227+consultation with the juvenile and the juvenile's family. The department for
1228+children and families and local board of education may participate in the
1229+development of the case plan when appropriate.
1230+(1) Such case plan shall incorporate the results of the risk and needs
1231+assessment, referrals to programs, documentation on violations and
1232+graduated responses and shall clearly define the role of each person or
1233+agency working with the juvenile.
1234+(2) If the juvenile is later committed to the custody of the secretary,
1235+the case plan shall be shared with the juvenile correctional facility.
10551236 (d) This section shall be a part of and supplemental to the revised
10561237 Kansas juvenile justice code.
1057-Sec. 12. K.S.A. 65-536 is hereby amended to read as follows: 65-
1058-536. (a) A juvenile crisis intervention center is a facility that provides
1059-short-term observation, assessment, treatment and case planning, and
1060-referral for any juvenile who is experiencing a mental behavioral health
1061-crisis and is likely to cause harm to self or others. Such centers shall:
1062-(1) Address or ensure access to the broad range of services to meet
1063-the needs of a juvenile admitted to the center, including, but not limited
1064-to, medical, psychiatric, psychological, social and, educational and
1065-substance abuse-related services;
1066-(2) not include construction features designed to physically restrict
1067-the movements and activities of juveniles, but shall have a design,
1068-structure, interior and exterior environment, and furnishings to promote
1069-a safe, comfortable and therapeutic environment for juveniles admitted
1070-to the center;
1071-(3) implement written policies and procedures that include the use
1072-of a combination of supervision, inspection and accountability to
1073-promote safe and orderly operations; and
1074-(4) implement written policies and procedures for staff monitoring
1075-of all center entrances and exits.
1076-(b) A juvenile crisis intervention center shall provide treatment to HOUSE BILL No. 2021—page 19
1077-juveniles admitted to such center, as appropriate while admitted.
1078-(c) A juvenile crisis intervention center may be on the same
1079-premises as that of another licensed facility. If the juvenile crisis
1080-intervention center is on the same premises as that of another licensed
1081-facility, the living unit of the juvenile crisis intervention center shall be
1082-maintained in a separate, self-contained unit. No juvenile crisis
1083-intervention center shall be in a city or county jail or a juvenile
1084-detention facility.
1085-(d) (1) A juvenile may be admitted to a juvenile crisis intervention
1086-center when:
1087-(A) The head of such center determines such juvenile is in need of
1088-treatment and likely to cause harm to self or others;
1089-(B) a qualified mental health professional from a community
1090-mental health center has given written authorization for such juvenile to
1091-be admitted to a juvenile crisis intervention center; and
1092-(C) no other more appropriate treatment services are available and
1093-accessible to the juvenile at the time of admission.
1094-(2) A juvenile may be admitted to a juvenile crisis intervention
1095-center for not more than 30 days. A parent with legal custody or legal
1096-guardian of a juvenile placed in a juvenile crisis intervention center
1097-may remove such juvenile from the center at any time. If the removal
1098-may cause the juvenile to become a child in need of care pursuant to
1099-K.S.A. 38-2202(d), and amendments thereto, the head of a juvenile
1100-crisis intervention center may report such concerns to the department
1101-for children and families or law enforcement or may request the county
1102-or district attorney to initiate proceedings pursuant to the revised
1103-Kansas code for care of children. If the head of a juvenile crisis
1104-intervention center determines the most appropriate action is to request
1105-the county or district attorney to initiate proceedings pursuant to the
1106-revised Kansas code for care of children, the head of such center shall
1107-make such request and shall keep such juvenile in the center for an
1108-additional 24-hour period to initiate the appropriate proceedings.
1109-(3) When a juvenile is released from a juvenile crisis intervention
1110-center, the managed care organization, if the juvenile is a medicaid
1111-recipient, and the community mental health center serving the area
1112-where the juvenile is being discharged shall be involved with discharge
1113-planning. Within seven days prior to the discharge of a juvenile, the
1114-head of the juvenile crisis intervention center shall give written notice
1115-of the date and time of the discharge to the patient, the managed care
1116-organization, if the juvenile is a medicaid recipient, and the community
1117-mental health center serving the area where the juvenile is being
1118-discharged, and the patient's parent, custodian or legal guardian.
1119-(e) (1) Upon admission to a juvenile crisis intervention center, and
1120-if the juvenile is a medicaid recipient, the managed care organization
1121-shall approve services as recommended by the head of the juvenile
1122-crisis intervention center. Within 14 days after admission, the head of
1123-the juvenile crisis intervention center shall develop a plan of treatment
1124-for the juvenile in collaboration with the managed care organization.
1125-(2) Nothing in this subsection shall prohibit the department of health
1126-and environment from administering or reimbursing state medicaid
1127-services to any juvenile admitted to a juvenile crisis intervention center
1128-pursuant to a waiver granted under section 1915(c) of the federal social
1129-security act, provided that such services are not administered through a
1130-managed care delivery system.
1131-(3) Nothing in this subsection shall prohibit the department of
1132-health and environment from reimbursing any state medicaid services
1133-that qualify for reimbursement and that are provided to a juvenile
1134-admitted to a juvenile crisis intervention center.
1135-(4) Nothing in this subsection shall impair or otherwise affect the HOUSE BILL No. 2021—page 20
1136-validity of any contract in existence on July 1, 2018, between a
1137-managed care organization and the department of health and
1138-environment to provide state medicaid services.
1139-(5) On or before January 1, 2019, the secretary of health and
1140-environment shall submit to the United States centers for medicare and
1141-medicaid services any approval request necessary to implement this
1142-subsection.
1143-(f) The secretary for children and families, in consultation with the
1144-attorney general, shall promulgate rules and regulations to implement
1145-the provisions of this section on or before January 1, 2019.
1146-(g) The secretary for children and families shall annually report
1147-information on outcomes of juveniles admitted into juvenile crisis
1148-intervention centers to the joint committee on corrections and juvenile
1149-justice oversight, the corrections and juvenile justice committee of the
1150-house of representatives and the judiciary committee of the senate.
1151-Such report shall include:
1152-(1) The number of admissions, releases and the lengths of stay for
1153-juveniles admitted to juvenile crisis intervention centers;
1154-(2) services provided to juveniles admitted;
1155-(3) needs of juveniles admitted determined by evidence-based
1156-assessment; and
1157-(4) success and recidivism rates, including information on the
1158-reduction of involvement of the child welfare system and juvenile
1159-justice system with the juvenile.
1160-(h) The secretary of corrections may enter into memorandums of
1161-agreement with other cabinet agencies to provide funding, not to
1162-exceed $2,000,000 annually, from the evidence-based programs
1163-account of the state general fund or other available appropriations for
1164-juvenile crisis intervention services.
1165-(i) For the purposes of this section:
1166-(1) "Behavioral health crisis" means behavioral and conduct
1167-issues that impact the safety or health of a juvenile, members of the
1168-juvenile's household or family or members of the community, including,
1169-but not limited to, non-life threatening mental health and substance
1170-abuse concerns;
1171-(2) "head of a juvenile crisis intervention center" means the
1172-administrative director of a juvenile crisis intervention center or such
1173-person's designee;
1174-(2)(3) "juvenile" means a person who is less than 18 years of age;
1175-(3)(4) "likely to cause harm to self or others" means that a
1176-juvenile, by reason of the juvenile's behavioral health condition, mental
1177-disorder or mental condition is likely, in the reasonably foreseeable
1178-future, to cause substantial physical injury or physical abuse to self or
1179-others or substantial damage to another's property, as evidenced by
1180-behavior threatening, attempting or causing such injury, abuse or
1181-damage;
1182-(4)(5) "treatment" means any service intended to promote the
1183-mental health of the patient and rendered by a qualified professional,
1184-licensed or certified by the state to provide such service as an
1185-independent practitioner or under the supervision of such practitioner;
1186-and
1187-(5)(6) "qualified mental health professional" means a physician or
1188-psychologist who is employed by a participating mental health center
1189-or who is providing services as a physician or psychologist under a
1190-contract with a participating mental health center, a licensed masters
1191-level psychologist, a licensed clinical psychotherapist, a licensed
1192-marriage and family therapist, a licensed clinical marriage and family
1193-therapist, a licensed professional counselor, a licensed clinical
1194-professional counselor, a licensed specialist social worker or a licensed HOUSE BILL No. 2021—page 21
1195-master social worker or a registered nurse who has a specialty in
1196-psychiatric nursing, who is employed by a participating mental health
1197-center and who is acting under the direction of a physician or
1198-psychologist who is employed by, or under contract with, a
1199-participating mental health center.
1200-(j) This section shall be part of and supplemental to article 5 of
1201-chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
1202-Sec. 13. K.S.A. 75-52,162 is hereby amended to read as follows:
1203-75-52,162. (a) (1) The department of corrections and the Kansas
1204-juvenile justice oversight committee shall explore methods of
1205-exchanging confidential data between all parts of the juvenile justice
1206-system. Such data exchange shall be limited based on the needs of the
1207-user accessing the data. Such method of exchanging data shall take into
1208-consideration sharing data that is necessary for continuity of treatment
1209-and correctional programs, including, but not limited to, health care
1210-requirements, mental health care needs and history, substance abuse
1211-treatment and history, recommendations for emergency placement
1212-options and any other information to assist in providing proper care to
1213-the juvenile. The department of corrections is authorized to use grant
1214-funds, allocated state funds or any other accessible funding necessary
1215-to create such data exchange system. All state and local programs
1216-involved in the care of juveniles involved in the juvenile justice system
1217-or the child in need of care system shall cooperate in the development
1218-and utilization of such system.
1219-(2) (A) On or before July 1, 2025, the department of corrections
1220-shall develop a system to facilitate the exchanging of confidential data
1221-described in paragraph (1). The department may contract with another
1222-entity to provide an electronic record system that is not maintained by
1223-the department. Such system shall include a verification system that is
1224-operated by the department for the purpose of verifying the authenticity
1225-and validity of electronic records. The electronic records maintained in
1226-such system shall have the same legal effect as paper records.
1227-(B) The department shall report to the joint committee on
1228-corrections and juvenile justice oversight, the house of representatives
1229-standing committee on corrections and juvenile justice, the house of
1230-representatives standing committee on appropriations, the senate
1238+Sec. 7. K.S.A. 75-52,162 is hereby amended to read as follows: 75-
1239+52,162. (a) (1) The department of corrections and the Kansas juvenile
1240+justice oversight committee shall explore methods of exchanging
1241+confidential data between all parts of the juvenile justice system. Such data
1242+exchange shall be limited based on the needs of the user accessing the
1243+data. Such method of exchanging data shall take into consideration sharing
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1287+data that is necessary for continuity of treatment and correctional
1288+programs, including, but not limited to, health care requirements, mental
1289+health care needs and history, substance abuse treatment and history,
1290+recommendations for emergency placement options and any other
1291+information to assist in providing proper care to the juvenile. The
1292+department of corrections is authorized to use grant funds, allocated state
1293+funds or any other accessible funding necessary to create such data
1294+exchange system. All state and local programs involved in the care of
1295+juveniles involved in the juvenile justice system or the child in need of
1296+care system shall cooperate in the development and utilization of such
1297+system.
1298+(2) On or before July 1, 2025, the department of corrections shall
1299+develop a system to facilitate the exchanging of confidential data
1300+described in paragraph (1). The department shall report to the joint
1301+committee on corrections and juvenile justice oversight, the house of
1302+representatives standing committee on corrections and juvenile justice, the
1303+house of representatives standing committee on appropriations, the senate
12311304 standing committee on judiciary and the senate standing committee on
1232-ways and means on the progress of development on or before the first
1233-day of the 2024 regular session of the legislature.
1305+ways and means on the progress of development on or before the first day
1306+of the 2024 regular session of the legislature.
12341307 (b) The department of corrections shall establish and maintain a
12351308 statewide searchable database that contains information regarding
1236-juveniles who participate in an immediate intervention program.
1237-County and district attorneys, judges, community supervision officers
1238-and juvenile intake and assessment workers shall have access to the
1239-database and shall submit necessary data to such database. The
1240-department of corrections shall, in consultation with the office of
1241-judicial administration, adopt rules and regulations to carry out the
1242-provisions of this subsection.
1243-Sec. 14. K.S.A. 75-52,164 is hereby amended to read as follows:
1244-75-52,164. (a) (1) There is hereby established in the state treasury the
1245-evidence-based programs account of the state general fund, which shall
1246-be administered by the department of corrections. All expenditures
1247-from the evidence-based programs account of the state general fund
1248-shall be for the development and implementation of evidence-based
1249-community programs and practices for:
1309+juveniles who participate in an immediate intervention program. County
1310+and district attorneys, judges, community supervision officers and juvenile
1311+intake and assessment workers shall have access to the database and shall
1312+submit necessary data to such database. The department of corrections
1313+shall, in consultation with the office of judicial administration, adopt rules
1314+and regulations to carry out the provisions of this subsection.
1315+Sec. 8. K.S.A. 75-52,164 is hereby amended to read as follows: 75-
1316+52,164. (a) (1) There is hereby established in the state treasury the
1317+evidence-based programs account of the state general fund, which shall be
1318+administered by the department of corrections. All expenditures from the
1319+evidence-based programs account of the state general fund shall be for the
1320+development and implementation of evidence-based community programs
1321+and practices for:
12501322 (A) Juvenile offenders, and their families;
1251-(B) juveniles experiencing mental behavioral health crisis and
1252-their families;
1253-(C) children who have been administered a risk and needs HOUSE BILL No. 2021—page 22
1323+(B) juveniles experiencing mental health crisis and their families;
1324+(C) children who have been administered a risk and needs
12541325 assessment and have been identified as needing services pursuant to
12551326 section 1, and amendments thereto; and
12561327 (D) grants as provided in subsection (e).
12571328 (2) Evidence-based community programs and practices may be
1258-administered by community supervision offices, including, but not
1259-limited to, juvenile intake and assessment, court services, community
1260-corrections and, juvenile crisis intervention centers, community mental
1261-health centers, community health centers, the youth advocate program,
1262-jobs for America's graduates Kansas transition services and any other
1263-community-based service provider offering evidence-based community
1264-programs.
1329+administered by community supervision offices, including, but not limited
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1373+to, juvenile intake and assessment, court services, community corrections
1374+and, juvenile crisis intervention centers, community mental health centers
1375+and any other community-based service provider offering evidence-based
1376+community programs.
12651377 (3) All expenditures from the evidence-based programs account of
1266-the state general fund shall be made in accordance with appropriation
1267-acts upon warrants of the director of accounts and reports issued
1268-pursuant to vouchers approved by the secretary of corrections or the
1269-secretary's designee.
1270-(b) At least annually, throughout the year, the secretary of
1271-corrections shall determine and certify to the director of accounts and
1272-reports the amount in each account of the state general fund of a state
1273-agency that has been determined by the secretary to be actual or
1274-projected cost savings as a result of cost avoidance resulting from
1275-decreased reliance on incarceration in the juvenile correctional facility
1276-and placement in youth residential centers. The baseline shall be
1277-calculated on the cost of incarceration and placement in fiscal year
1278-2015.
1378+the state general fund shall be made in accordance with appropriation acts
1379+upon warrants of the director of accounts and reports issued pursuant to
1380+vouchers approved by the secretary of corrections or the secretary's
1381+designee.
1382+(b) At least annually, throughout the year, the secretary of corrections
1383+shall determine and certify to the director of accounts and reports the
1384+amount in each account of the state general fund of a state agency that has
1385+been determined by the secretary to be actual or projected cost savings as a
1386+result of cost avoidance resulting from decreased reliance on incarceration
1387+in the juvenile correctional facility and placement in youth residential
1388+centers. The baseline shall be calculated on the cost of incarceration and
1389+placement in fiscal year 2015.
12791390 (c) Upon receipt of a certification pursuant to subsection (b), the
12801391 director of accounts and reports shall transfer the amount certified
1281-pursuant to subsection (b) from each account of the state general fund
1282-of a state agency that has been determined by the secretary of
1283-corrections to be actual or projected cost savings to the evidence-based
1284-programs account of the state general fund.
1392+pursuant to subsection (b) from each account of the state general fund of a
1393+state agency that has been determined by the secretary of corrections to be
1394+actual or projected cost savings to the evidence-based programs account of
1395+the state general fund.
12851396 (d) Prioritization of evidence-based programs account of the state
1286-general fund moneys will be given to regions that demonstrate a high
1287-rate of out-of-home placement of juvenile offenders per capita that
1288-have few existing community-based alternatives.
1397+general fund moneys will be given to regions that demonstrate a high rate
1398+of out-of-home placement of juvenile offenders per capita that have few
1399+existing community-based alternatives.
12891400 (e) During fiscal years 2017 and 2018, the secretary of corrections
12901401 shall transfer an amount not to exceed $8,000,000 from appropriated
12911402 department of corrections moneys from the state general fund or any
1292-available special revenue fund or funds that are budgeted for the
1293-purposes of facilitating the development and implementation of new
1294-community placements in conjunction with the reduction in out-of-
1295-home placements. (1) The secretary of corrections shall develop and
1296-implement a grant program with the goal of implementing evidence-
1297-based community programs described in subsection (a) and promising
1298-practices throughout the state, subject to the availability of funding in
1299-the evidence-based programs account of the state general fund after
1300-other expenditures for evidence-based programs are made. The
1301-secretary shall adopt grant requirements in accordance with this
1302-section. Any provider of evidence-based community programs for
1303-juveniles may apply for a grant. The grant program shall give priority
1304-to any county that demonstrates a low availability of evidence-based
1305-community programs for juveniles. The secretary shall evaluate the
1306-programs that received a grant to ensure the program is being
1307-delivered as such program was designed.
1308-(2) Child welfare case management providers shall not be eligible
1309-to receive grants under this subsection.
1310-(f) Expenditures made from the evidence-based programs account
1311-of the state general fund shall be made promptly and on a rolling basis
1312-to develop and implement evidence-based community programs as HOUSE BILL No. 2021—page 23
1313-services are needed throughout the state.
1403+available special revenue fund or funds that are budgeted for the purposes
1404+of facilitating the development and implementation of new community
1405+placements in conjunction with the reduction in out-of-home placements.
1406+The secretary of corrections shall develop and implement a grant program
1407+with the goal of implementing evidence-based community programs
1408+described in subsection (a) throughout the state, subject to the availability
1409+of funding in the evidence-based programs account of the state general
1410+fund. The secretary shall adopt grant requirements in accordance with this
1411+section. Any provider of evidence-based community programs for juveniles
1412+may apply for a grant. The grant program shall give priority to any county
1413+that demonstrates a low availability of evidence-based community
1414+programs for juveniles. The secretary shall evaluate the programs that
1415+received a grant to ensure the program is being delivered as such program
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1459+was designed.
1460+(f) Expenditures made from the evidence-based programs account of
1461+the state general fund shall be made promptly and on a rolling basis to
1462+develop and implement evidence-based community programs as services
1463+are needed throughout the state.
13141464 (g) The evidence-based programs account of the state general fund
1315-and any other moneys transferred pursuant to this section shall be used
1316-for the purposes set forth in this section and for no other governmental
1465+and any other moneys transferred pursuant to this section shall be used for
1466+the purposes set forth in this section and for no other governmental
13171467 purposes. It is the intent of the legislature that the funds and the moneys
1318-deposited in this fund shall remain intact and inviolate for the purposes
1319-set forth in this section.
1320-Sec. 15. K.S.A. 38-2202, 38-2203, 38-2231, 38-2243, 38-2302,
1321-38-2304, 38-2330, 38-2391, 38-2392, 65-536, 75-52,162 and 75-52,164
1322-are hereby repealed.
1323-Sec. 16. This act shall take effect and be in force from and after its
1468+deposited in this fund shall remain intact and inviolate for the purposes set
1469+forth in this section.
1470+Sec. 9. K.S.A. 38-2203, 38-2304, 38-2361, 38-2391, 38-2392, 75-
1471+52,162 and 75-52,164 are hereby repealed.
1472+Sec. 10. This act shall take effect and be in force from and after its
13241473 publication in the statute book.
1325-I hereby certify that the above BILL originated in the
1326-HOUSE, and was adopted by that body
1327-
1328-HOUSE adopted
1329-Conference Committee Report
1330-
1331-Speaker of the House.
1332-
1333-Chief Clerk of the House.
1334-Passed the SENATE
1335- as amended
1336-SENATE adopted
1337-Conference Committee Report
1338-
1339-President of the Senate.
1340-
1341-Secretary of the Senate.
1342-APPROVED
1343-
1344-
1345-Governor.
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