Kansas 2023-2024 Regular Session

Kansas House Bill HB2033 Compare Versions

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1	1	Session of 2023
2	2	HOUSE BILL No. 2033
3	3	By Committee on Corrections and Juvenile Justice
4	4	1-13
5	5	AN ACT concerning children and minors; relating to children in need of
6	6	care; juvenile crisis intervention centers; changing the criteria used to
7	7	refer and admit juveniles; defining behavioral health crisis; amending
8	8	K.S.A. 38-2202, 38-2231, 38-2243, 38-2302, 38-2330, 65-536 and 75-
9	9	52,164 and repealing the existing sections.
10	10	Be it enacted by the Legislature of the State of Kansas:
11	11	Section 1. K.S.A. 38-2202 is hereby amended to read as follows: 38-
12	12	2202. As used in the revised Kansas code for care of children, unless the
13	13	context otherwise indicates:
14	14	(a) "Abandon" or "abandonment" means to forsake, desert or, without
15	15	making appropriate provision for substitute care, cease providing care for
16	16	the child.
17	17	(b) "Adult correction facility" means any public or private facility,
18	18	secure or nonsecure, that is used for the lawful custody of accused or
19	19	convicted adult criminal offenders.
20	20	(c) "Aggravated circumstances" means the abandonment, torture,
21	21	chronic abuse, sexual abuse or chronic, life threatening neglect of a child.
22	22	(d) "Child in need of care" means a person less than 18 years of age
23	23	at the time of filing of the petition or issuance of an ex parte protective
24	24	custody order pursuant to K.S.A. 38-2242, and amendments thereto, who:
25	25	(1) Is without adequate parental care, control or subsistence and the
26	26	condition is not due solely to the lack of financial means of the child's
27	27	parents or other custodian;
28	28	(2) is without the care or control necessary for the child's physical,
29	29	mental or emotional health;
30	30	(3) has been physically, mentally or emotionally abused or neglected
31	31	or sexually abused;
32	32	(4) has been placed for care or adoption in violation of law;
33	33	(5) has been abandoned or does not have a known living parent;
34	34	(6) is not attending school as required by K.S.A. 72-3421 or 72-3120,
35	35	and amendments thereto;
36	36	(7) except in the case of a violation of K.S.A. 41-727, K.S.A. 74-
37	37	8810(j), K.S.A. 79-3321(m) or (n), or K.S.A. 2022 Supp. 21-6301(a)(14),
38	38	and amendments thereto, or, except as provided in paragraph (12), does an
39	39	act which, when committed by a person under 18 years of age, is
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76	76	prohibited by state law, city ordinance or county resolution, but which is
77	77	not prohibited when done by an adult;
78	78	(8) while less than 10 years of age, commits any act that if done by an
79	79	adult would constitute the commission of a felony or misdemeanor as
80	80	defined by K.S.A. 2022 Supp. 21-5102, and amendments thereto;
81	81	(9) is willfully and voluntarily absent from the child's home without
82	82	the consent of the child's parent or other custodian;
83	83	(10) is willfully and voluntarily absent at least a second time from a
84	84	court ordered or designated placement, or a placement pursuant to court
85	85	order, if the absence is without the consent of the person with whom the
86	86	child is placed or, if the child is placed in a facility, without the consent of
87	87	the person in charge of such facility or such person's designee;
88	88	(11) has been residing in the same residence with a sibling or another
89	89	person under 18 years of age, who has been physically, mentally or
90	90	emotionally abused or neglected, or sexually abused;
91	91	(12) while less than 10 years of age commits the offense defined in
92	92	K.S.A. 2022 Supp. 21-6301(a)(14), and amendments thereto;
93	93	(13) has had a permanent custodian appointed and the permanent
94	94	custodian is no longer able or willing to serve; or
95	95	(14) has been subjected to an act that would constitute human
96	96	trafficking or aggravated human trafficking, as defined by K.S.A. 2022
97	97	Supp. 21-5426, and amendments thereto, or commercial sexual
98	98	exploitation of a child, as defined by K.S.A. 2022 Supp. 21-6422, and
99	99	amendments thereto, or has committed an act which, if committed by an
100	100	adult, would constitute selling sexual relations, as defined by K.S.A. 2022
101	101	Supp. 21-6419, and amendments thereto.
102	102	(e) "Citizen review board" is a group of community volunteers
103	103	appointed by the court and whose duties are prescribed by K.S.A. 38-2207
104	104	and 38-2208, and amendments thereto.
105	105	(f) "Civil custody case" includes any case filed under chapter 23 of
106	106	the Kansas Statutes Annotated, and amendments thereto, the Kansas
107	107	family law code, article 11 of chapter 38 of the Kansas Statutes Annotated,
108	108	and amendments thereto, determination of parentage, article 21 of chapter
109	109	59 of the Kansas Statutes Annotated, and amendments thereto, adoption
110	110	and relinquishment act, or article 30 of chapter 59 of the Kansas Statutes
111	111	Annotated, and amendments thereto, guardians and conservators.
112	112	(g) "Court-appointed special advocate" means a responsible adult
113	113	other than an attorney guardian ad litem who is appointed by the court to
114	114	represent the best interests of a child, as provided in K.S.A. 38-2206, and
115	115	amendments thereto, in a proceeding pursuant to this code.
116	116	(h) "Custody" whether temporary, protective or legal, means the
117	117	status created by court order or statute that vests in a custodian, whether an
118	118	individual or an agency, the right to physical possession of the child and
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162	162	the right to determine placement of the child, subject to restrictions placed
163	163	by the court.
164	164	(i) "Extended out of home placement" means a child has been in the
165	165	custody of the secretary and placed with neither parent for 15 of the most
166	166	recent 22 months beginning 60 days after the date at which a child in the
167	167	custody of the secretary was removed from the child's home.
168	168	(j) "Educational institution" means all schools at the elementary and
169	169	secondary levels.
170	170	(k) "Educator" means any administrator, teacher or other professional
171	171	or paraprofessional employee of an educational institution who has
172	172	exposure to a pupil specified in K.S.A. 72-6143(a), and amendments
173	173	thereto.
174	174	(l) "Harm" means physical or psychological injury or damage.
175	175	(m) "Interested party" means the grandparent of the child, a person
176	176	with whom the child has been living for a significant period of time when
177	177	the child in need of care petition is filed, and any person made an
178	178	interested party by the court pursuant to K.S.A. 38-2241, and amendments
179	179	thereto, or Indian tribe seeking to intervene that is not a party.
180	180	(n) "Jail" means:
181	181	(1) An adult jail or lockup; or
182	182	(2) a facility in the same building or on the same grounds as an adult
183	183	jail or lockup, unless the facility meets all applicable standards and
184	184	licensure requirements under law and there is: (A) Total separation of the
185	185	juvenile and adult facility spatial areas such that there could be no
186	186	haphazard or accidental contact between juvenile and adult residents in the
187	187	respective facilities; (B) total separation in all juvenile and adult program
188	188	activities within the facilities, including recreation, education, counseling,
189	189	health care, dining, sleeping and general living activities; and (C) separate
190	190	juvenile and adult staff, including management, security staff and direct
191	191	care staff such as recreational, educational and counseling.
192	192	(o) "Juvenile detention facility" means any secure public or private
193	193	facility used for the lawful custody of accused or adjudicated juvenile
194	194	offenders that must not be a jail.
195	195	(p) "Juvenile intake and assessment worker" means a responsible
196	196	adult authorized to perform intake and assessment services as part of the
197	197	intake and assessment system established pursuant to K.S.A. 75-7023, and
198	198	amendments thereto.
199	199	(q) "Kinship care placement" means the placement of a child in the
200	200	home of an adult with whom the child or the child's parent already has
201	201	close emotional ties.
202	202	(r) "Law enforcement officer" means any person who by virtue of
203	203	office or public employment is vested by law with a duty to maintain
204	204	public order or to make arrests for crimes, whether that duty extends to all
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248	248	crimes or is limited to specific crimes.
249	249	(s) "Multidisciplinary team" means a group of persons, appointed by
250	250	the court under K.S.A. 38-2228, and amendments thereto, that has
251	251	knowledge of the circumstances of a child in need of care.
252	252	(t) "Neglect" means acts or omissions by a parent, guardian or person
253	253	responsible for the care of a child resulting in harm to a child, or
254	254	presenting a likelihood of harm, and the acts or omissions are not due
255	255	solely to the lack of financial means of the child's parents or other
256	256	custodian. Neglect may include, but shall not be limited to:
257	257	(1) Failure to provide the child with food, clothing or shelter
258	258	necessary to sustain the life or health of the child;
259	259	(2) failure to provide adequate supervision of a child or to remove a
260	260	child from a situation that requires judgment or actions beyond the child's
261	261	level of maturity, physical condition or mental abilities and that results in
262	262	bodily injury or a likelihood of harm to the child; or
263	263	(3) failure to use resources available to treat a diagnosed medical
264	264	condition if such treatment will make a child substantially more
265	265	comfortable, reduce pain and suffering, or correct or substantially diminish
266	266	a crippling condition from worsening. A parent legitimately practicing
267	267	religious beliefs who does not provide specified medical treatment for a
268	268	child because of religious beliefs shall, not for that reason, be considered a
269	269	negligent parent; however, this exception shall not preclude a court from
270	270	entering an order pursuant to K.S.A. 38-2217(a)(2), and amendments
271	271	thereto.
272	272	(u) "Parent" when used in relation to a child or children, includes a
273	273	guardian and every person who is by law liable to maintain, care for or
274	274	support the child.
275	275	(v) "Party" means the state, the petitioner, the child, any parent of the
276	276	child and an Indian child's tribe intervening pursuant to the Indian child
277	277	welfare act.
278	278	(w) "Permanency goal" means the outcome of the permanency
279	279	planning process, which may be reintegration, adoption, appointment of a
280	280	permanent custodian or another planned permanent living arrangement.
281	281	(x) "Permanent custodian" means a judicially approved permanent
282	282	guardian of a child pursuant to K.S.A. 38-2272, and amendments thereto.
283	283	(y) "Physical, mental or emotional abuse" means the infliction of
284	284	physical, mental or emotional harm or the causing of a deterioration of a
285	285	child and may include, but shall not be limited to, maltreatment or
286	286	exploiting a child to the extent that the child's health or emotional well-
287	287	being is endangered.
288	288	(z) "Placement" means the designation by the individual or agency
289	289	having custody of where and with whom the child will live.
290	290	(aa) "Qualified residential treatment program" means a program
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334	334	designated by the secretary for children and families as a qualified
335	335	residential treatment program pursuant to federal law.
336	336	(bb) "Reasonable and prudent parenting standard" means the standard
337	337	characterized by careful and sensible parental decisions that maintain the
338	338	health, safety and best interests of a child while at the same time
339	339	encouraging the emotional and developmental growth of the child, that a
340	340	caregiver shall use when determining whether to allow a child in foster
341	341	care under the responsibility of the state to participate in extracurricular,
342	342	enrichment, cultural and social activities.
343	343	(cc) "Relative" means a person related by blood, marriage or
344	344	adoption.
345	345	(dd) "Runaway" means a child who is willfully and voluntarily absent
346	346	from the child's home without the consent of the child's parent or other
347	347	custodian.
348	348	(ee) "Secretary" means the secretary for children and families or the
349	349	secretary's designee.
350	350	(ff) "Secure facility" means a facility, other than a staff secure facility
351	351	or juvenile detention facility, that is operated or structured so as to ensure
352	352	that all entrances and exits from the facility are under the exclusive control
353	353	of the staff of the facility, whether or not the person being detained has
354	354	freedom of movement within the perimeters of the facility, or that relies on
355	355	locked rooms and buildings, fences or physical restraint in order to control
356	356	behavior of its residents. No secure facility shall be in a city or county jail.
357	357	(gg) "Sexual abuse" means any contact or interaction with a child in
358	358	which the child is being used for the sexual stimulation of the perpetrator,
359	359	the child or another person. Sexual abuse shall include, but is not limited
360	360	to, allowing, permitting or encouraging a child to:
361	361	(1) Be photographed, filmed or depicted in pornographic material; or
362	362	(2) be subjected to aggravated human trafficking, as defined in
363	363	K.S.A. 2022 Supp. 21-5426(b), and amendments thereto, if committed in
364	364	whole or in part for the purpose of the sexual gratification of the offender
365	365	or another, or be subjected to an act that would constitute conduct
366	366	proscribed by article 55 of chapter 21 of the Kansas Statutes Annotated or
367	367	K.S.A. 2022 Supp. 21-6419 or 21-6422, and amendments thereto.
368	368	(hh) "Shelter facility" means any public or private facility or home,
369	369	other than a juvenile detention facility or staff secure facility, that may be
370	370	used in accordance with this code for the purpose of providing either
371	371	temporary placement for children in need of care prior to the issuance of a
372	372	dispositional order or longer term care under a dispositional order.
373	373	(ii) "Staff secure facility" means a facility described in K.S.A. 65-
374	374	535, and amendments thereto: (1) That does not include construction
375	375	features designed to physically restrict the movements and activities of
376	376	juvenile residents who are placed therein; (2) that may establish reasonable
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420	420	rules restricting entrance to and egress from the facility; and (3) in which
421	421	the movements and activities of individual juvenile residents may, for
422	422	treatment purposes, be restricted or subject to control through the use of
423	423	intensive staff supervision. No staff secure facility shall be in a city or
424	424	county jail.
425	425	(jj) "Transition plan" means, when used in relation to a youth in the
426	426	custody of the secretary, an individualized strategy for the provision of
427	427	medical, mental health, education, employment and housing supports as
428	428	needed for the adult and, if applicable, for any minor child of the adult, to
429	429	live independently and specifically provides for the supports and any
430	430	services for which an adult with a disability is eligible including, but not
431	431	limited to, funding for home and community based services waivers.
432	432	(kk) "Youth residential facility" means any home, foster home or
433	433	structure that provides 24-hour-a-day care for children and that is licensed
434	434	pursuant to article 5 of chapter 65 of the Kansas Statutes Annotated, and
435	435	amendments thereto.
436	436	(ll) "Behavioral health crisis" means behavioral and conduct issues
437	437	that impact the safety or health of a child, members of the child's
438	438	household or family or members of the community, including, but not
439	439	limited to, non-life threatening mental health and substance abuse
440	440	concerns.
441	441	Sec. 2. K.S.A. 38-2231 is hereby amended to read as follows: 38-
442	442	2231. (a) A law enforcement officer or court services officer shall take a
443	443	child under 18 years of age into custody when:
444	444	(1) The law enforcement officer or court services officer has a court
445	445	order commanding that the child be taken into custody as a child in need
446	446	of care; or
447	447	(2) the law enforcement officer or court services officer has probable
448	448	cause to believe that a court order commanding that the child be taken into
449	449	custody as a child in need of care has been issued in this state or in another
450	450	jurisdiction.
451	451	(b) A law enforcement officer shall take a child under 18 years of age
452	452	into custody when the officer:
453	453	(1) Reasonably believes the child will be harmed if not immediately
454	454	removed from the place or residence where the child has been found;
455	455	(2) has probable cause to believe that the child is a runaway or a
456	456	missing person or a verified missing person entry for the child can be
457	457	found in the national crime information center missing person system;
458	458	(3) reasonably believes the child is a victim of human trafficking,
459	459	aggravated human trafficking or commercial sexual exploitation of a child;
460	460	or
461	461	(4) reasonably believes the child is experiencing a mental behavioral
462	462	health crisis and is likely to cause harm to self or others.
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506	506	(c) (1) If a person provides shelter to a child whom the person knows
507	507	is a runaway, such person shall promptly report the child's location either
508	508	to a law enforcement agency or to the child's parent or other custodian.
509	509	(2) If a person reports a runaway's location to a law enforcement
510	510	agency pursuant to this section and a law enforcement officer of the
511	511	agency has reasonable grounds to believe that it is in the child's best
512	512	interests, the child may be allowed to remain in the place where shelter is
513	513	being provided, subject to subsection (b), in the absence of a court order to
514	514	the contrary. If the child is allowed to so remain, the law enforcement
515	515	agency shall promptly notify the secretary of the child's location and
516	516	circumstances.
517	517	(d) Except as provided in subsections (a) and (b), a law enforcement
518	518	officer may temporarily detain and assume temporary custody of any child
519	519	subject to compulsory school attendance, pursuant to K.S.A. 72-3120, and
520	520	amendments thereto, during the hours school is actually in session and
521	521	shall deliver the child pursuant to K.S.A. 38-2232(g), and amendments
522	522	thereto.
523	523	Sec. 3. K.S.A. 38-2243 is hereby amended to read as follows: 38-
524	524	2243. (a) Upon notice and hearing, the court may issue an order directing
525	525	who shall have temporary custody and may modify the order during the
526	526	pendency of the proceedings as will best serve the child's welfare.
527	527	(b) A hearing pursuant to this section shall be held within 72 hours,
528	528	excluding Saturdays, Sundays, legal holidays, and days on which the
529	529	office of the clerk of the court is not accessible, following a child having
530	530	been taken into protective custody.
531	531	(c) Whenever it is determined that a temporary custody hearing is
532	532	required, the court shall immediately set the time and place for the hearing.
533	533	Notice of a temporary custody hearing shall be given to all parties and
534	534	interested parties.
535	535	(d) Notice of the temporary custody hearing shall be given at least 24
536	536	hours prior to the hearing. The court may continue the hearing to afford the
537	537	24 hours prior notice or, with the consent of the party or interested party,
538	538	proceed with the hearing at the designated time. If an order of temporary
539	539	custody is entered and the parent or other person having custody of the
540	540	child has not been notified of the hearing, did not appear or waive
541	541	appearance and requests a rehearing, the court shall rehear the matter
542	542	without unnecessary delay.
543	543	(e) Oral notice may be used for giving notice of a temporary custody
544	544	hearing where there is insufficient time to give written notice. Oral notice
545	545	is completed upon filing a certificate of oral notice.
546	546	(f) The court may enter an order of temporary custody after
547	547	determining there is probable cause to believe that the: (1) Child is
548	548	dangerous to self or to others; (2) child is not likely to be available within
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592	592	the jurisdiction of the court for future proceedings; (3) health or welfare of
593	593	the child may be endangered without further care; (4) child has been
594	594	subjected to human trafficking or aggravated human trafficking, as defined
595	595	by K.S.A. 2022 Supp. 21-5426, and amendments thereto, or commercial
596	596	sexual exploitation of a child, as defined by K.S.A. 2022 Supp. 21-6422,
597	597	and amendments thereto; (5) child is experiencing a mental behavioral
598	598	health crisis and is in need of treatment; or (6) child committed an act
599	599	which, if committed by an adult, would constitute a violation of K.S.A.
600	600	2022 Supp. 21-6419, and amendments thereto.
601	601	(g) (1) Whenever the court determines the necessity for an order of
602	602	temporary custody the court may place the child in the temporary custody
603	603	of:
604	604	(A) A parent or other person having custody of the child and may
605	605	enter a restraining order pursuant to subsection (h);
606	606	(B) a person, other than the parent or other person having custody,
607	607	who shall not be required to be licensed under article 5 of chapter 65 of the
608	608	Kansas Statutes Annotated, and amendments thereto;
609	609	(C) a youth residential facility;
610	610	(D) a shelter facility;
611	611	(E) a staff secure facility, notwithstanding any other provision of law,
612	612	if the child has been subjected to human trafficking or aggravated human
613	613	trafficking, as defined by K.S.A. 2022 Supp. 21-5426, and amendments
614	614	thereto, or commercial sexual exploitation of a child, as defined by K.S.A.
615	615	2022 Supp. 21-6422, and amendments thereto, or the child committed an
616	616	act which, if committed by an adult, would constitute a violation of K.S.A.
617	617	2022 Supp. 21-6419, and amendments thereto;
618	618	(F) after written authorization by a community mental health center, a
619	619	juvenile crisis intervention center, as described in K.S.A. 65-536, and
620	620	amendments thereto; or
621	621	(G) the secretary, if the child is 15 years of age or younger, or 16 or
622	622	17 years of age if the child has no identifiable parental or family resources
623	623	or shows signs of physical, mental, emotional or sexual abuse.
624	624	(2) If the secretary presents the court with a plan to provide services
625	625	to a child or family which the court finds will assure the safety of the
626	626	child, the court may only place the child in the temporary custody of the
627	627	secretary until the court finds the services are in place. The court shall
628	628	have the authority to require any person or entity agreeing to participate in
629	629	the plan to perform as set out in the plan. When the child is placed in the
630	630	temporary custody of the secretary, the secretary shall have the
631	631	discretionary authority to place the child with a parent or to make other
632	632	suitable placement for the child. When the child is placed in the temporary
633	633	custody of the secretary and the child has been subjected to human
634	634	trafficking or aggravated human trafficking, as defined by K.S.A. 2022
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678	678	Supp. 21-5426, and amendments thereto, or commercial sexual
679	679	exploitation of a child, as defined by K.S.A. 2022 Supp. 21-6422, and
680	680	amendments thereto, or the child committed an act which, if committed by
681	681	an adult, would constitute a violation of K.S.A. 2022 Supp. 21-6419, and
682	682	amendments thereto, the secretary shall have the discretionary authority to
683	683	place the child in a staff secure facility, notwithstanding any other
684	684	provision of law. When the child is presently alleged, but not yet
685	685	adjudicated to be a child in need of care solely pursuant to K.S.A. 38-
686	686	2202(d)(9) or (d)(10), and amendments thereto, the child may be placed in
687	687	a secure facility, but the total amount of time that the child may be held in
688	688	such facility under this section and K.S.A. 38-2242, and amendments
689	689	thereto, shall not exceed 24 hours, excluding Saturdays, Sundays, legal
690	690	holidays, and days on which the office of the clerk of the court is not
691	691	accessible. The order of temporary custody shall remain in effect until
692	692	modified or rescinded by the court or an adjudication order is entered but
693	693	not exceeding 60 days, unless good cause is shown and stated on the
694	694	record.
695	695	(h) If the court issues an order of temporary custody, the court may
696	696	also enter an order restraining any alleged perpetrator of physical, sexual,
697	697	mental or emotional abuse of the child from residing in the child's home;
698	698	visiting, contacting, harassing or intimidating the child; or attempting to
699	699	visit, contact, harass or intimidate the child, other family members or
700	700	witnesses. Such restraining order shall be served by personal service
701	701	pursuant to K.S.A. 38-2237(a), and amendments thereto, on any alleged
702	702	perpetrator to whom the order is directed.
703	703	(i) (1) The court shall not enter the initial order removing a child from
704	704	the custody of a parent pursuant to this section unless the court first finds
705	705	probable cause that: (A) (i) The child is likely to sustain harm if not
706	706	immediately removed from the home;
707	707	(ii) allowing the child to remain in home is contrary to the welfare of
708	708	the child; or
709	709	(iii) immediate placement of the child is in the best interest of the
710	710	child; and
711	711	(B) reasonable efforts have been made to maintain the family unit and
712	712	prevent the unnecessary removal of the child from the child's home or that
713	713	an emergency exists which threatens the safety to the child.
714	714	(2) Such findings shall be included in any order entered by the court.
715	715	If the child is placed in the custody of the secretary, upon making the order
716	716	the court shall provide the secretary with a written copy.
717	717	(j) If the court enters an order of temporary custody that provides for
718	718	placement of the child with a person other than the parent, the court shall
719	719	make a child support determination pursuant to K.S.A. 38-2277, and
720	720	amendments thereto.
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764	764	Sec. 4. K.S.A. 38-2302 is hereby amended to read as follows: 38-
765	765	2302. As used in this code, unless the context otherwise requires:
766	766	(a) "Commissioner" means the secretary of corrections or the
767	767	secretary's designee.
768	768	(b) "Community supervision officer" means any officer from court
769	769	services, community corrections or any other individual authorized to
770	770	supervise a juvenile on an immediate intervention, probation or
771	771	conditional release.
772	772	(c) "Conditional release" means release from a term of commitment
773	773	in a juvenile correctional facility for an aftercare term pursuant to K.S.A.
774	774	38-2369, and amendments thereto, under conditions established by the
775	775	secretary of corrections.
776	776	(d) "Court-appointed special advocate" means a responsible adult,
777	777	other than an attorney appointed pursuant to K.S.A. 38-2306, and
778	778	amendments thereto, who is appointed by the court to represent the best
779	779	interests of a child, as provided in K.S.A. 38-2307, and amendments
780	780	thereto, in a proceeding pursuant to this code.
781	781	(e) "Detention risk assessment tool" means a risk assessment
782	782	instrument adopted pursuant to K.S.A. 75-7023(f), and amendments
783	783	thereto, used to identify factors shown to be statistically related to a
784	784	juvenile's risk of failing to appear in court or reoffending pre-adjudication
785	785	and designed to assist in making detention determinations.
786	786	(f) "Educational institution" means all schools at the elementary and
787	787	secondary levels.
788	788	(g) "Educator" means any administrator, teacher or other professional
789	789	or paraprofessional employee of an educational institution who has
790	790	exposure to a pupil specified in K.S.A. 72-6143(a)(1) through (5), and
791	791	amendments thereto.
792	792	(h) "Evidence-based" means practices, policies, procedures and
793	793	programs demonstrated by research to produce reduction in the likelihood
794	794	of reoffending.
795	795	(i) "Graduated responses" means a system of community-based
796	796	sanctions and incentives developed pursuant to K.S.A. 75-7023(h) and
797	797	K.S.A. 38-2392, and amendments thereto, used to address violations of
798	798	immediate interventions, terms and conditions of probation and
799	799	conditional release and to incentivize positive behavior.
800	800	(j) "Immediate intervention" means all programs or practices
801	801	developed by the county to hold juvenile offenders accountable while
802	802	allowing such offenders to be diverted from formal court processing
803	803	pursuant to K.S.A. 38-2346, and amendments thereto.
804	804	(k) "Institution" means the Larned juvenile correctional facility and
805	805	the Kansas juvenile correctional complex.
806	806	(l) "Investigator" means an employee of the department of corrections
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849	849	43 HB 2033 11
850	850	assigned by the secretary of corrections with the responsibility for
851	851	investigations concerning employees at the juvenile correctional facilities
852	852	and juveniles in the custody of the secretary of corrections at a juvenile
853	853	correctional facility.
854	854	(m) "Jail" means: (1) An adult jail or lockup; or
855	855	(2) a facility in the same building as an adult jail or lockup, unless the
856	856	facility meets all applicable licensure requirements under law and there is:
857	857	(A) Total separation of the juvenile and adult facility spatial areas such that
858	858	there could be no haphazard or accidental contact between juvenile and
859	859	adult residents in the respective facilities; (B) total separation in all
860	860	juvenile and adult program activities within the facilities, including
861	861	recreation, education, counseling, health care, dining, sleeping and general
862	862	living activities; and (C) separate juvenile and adult staff, including
863	863	management, security staff and direct care staff such as recreational,
864	864	educational and counseling.
865	865	(n) "Juvenile" means a person to whom one or more of the following
866	866	applies, the person: (1) Is 10 or more years of age but less than 18 years of
867	867	age; (2) is alleged to be a juvenile offender; or (3) has been adjudicated as
868	868	a juvenile offender and continues to be subject to the jurisdiction of the
869	869	court.
870	870	(o) "Juvenile correctional facility" means a facility operated by the
871	871	secretary of corrections for the commitment of juvenile offenders.
872	872	(p) "Juvenile corrections officer" means a certified employee of the
873	873	department of corrections working at a juvenile correctional facility
874	874	assigned by the secretary of corrections with responsibility for maintaining
875	875	custody, security and control of juveniles in the custody of the secretary of
876	876	corrections at a juvenile correctional facility.
877	877	(q) "Juvenile detention facility" means a public or private facility
878	878	licensed pursuant to article 5 of chapter 65 of the Kansas Statutes
879	879	Annotated, and amendments thereto, which is used for the lawful custody
880	880	of alleged or adjudicated juvenile offenders.
881	881	(r) "Juvenile intake and assessment worker" means a responsible
882	882	adult trained and authorized to perform intake and assessment services as
883	883	part of the intake and assessment system established pursuant to K.S.A.
884	884	75-7023, and amendments thereto.
885	885	(s) "Juvenile offender" means a person who commits an offense while
886	886	10 or more years of age but less than 18 years of age which if committed
887	887	by an adult would constitute the commission of a felony or misdemeanor
888	888	as defined by K.S.A. 2022 Supp. 21-5102, and amendments thereto, or
889	889	who violates the provisions of K.S.A. 41-727, K.S.A. 74-8810(j) or K.S.A.
890	890	2022 Supp. 21-6301(a)(14), and amendments thereto, but does not include:
891	891	(1) A person 14 or more years of age who commits a traffic offense,
892	892	as defined in K.S.A. 8-2117(d), and amendments thereto;
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936	936	(2) a person 16 years of age or over who commits an offense defined
937	937	in chapter 32 of the Kansas Statutes Annotated, and amendments thereto;
938	938	(3) a person under 18 years of age who previously has been:
939	939	(A) Convicted as an adult under the Kansas criminal code;
940	940	(B) sentenced as an adult under the Kansas criminal code following
941	941	termination of status as an extended jurisdiction juvenile pursuant to
942	942	K.S.A. 38-2364, and amendments thereto; or
943	943	(C) convicted or sentenced as an adult in another state or foreign
944	944	jurisdiction under substantially similar procedures described in K.S.A. 38-
945	945	2347, and amendments thereto, or because of attaining the age of majority
946	946	designated in that state or jurisdiction.
947	947	(t) "Law enforcement officer" means any person who by virtue of that
948	948	person's office or public employment is vested by law with a duty to
949	949	maintain public order or to make arrests for crimes, whether that duty
950	950	extends to all crimes or is limited to specific crimes.
951	951	(u) "Overall case length limit" when used in relation to a juvenile
952	952	adjudicated a juvenile offender means the maximum jurisdiction of the
953	953	court following disposition on an individual case. Pursuant to K.S.A. 38-
954	954	2304, and amendments thereto, the case and the court's jurisdiction shall
955	955	terminate once the overall case length limit expires and may not be
956	956	extended.
957	957	(v) "Parent" when used in relation to a juvenile, includes a guardian
958	958	and every person who is, by law, liable to maintain, care for or support the
959	959	juvenile.
960	960	(w) "Probation" means a period of community supervision ordered
961	961	pursuant to K.S.A. 38-2361, and amendments thereto, overseen by either
962	962	court services or community corrections, but not both.
963	963	(x) "Reasonable and prudent parenting standard" means the standard
964	964	characterized by careful and sensible parental decisions that maintain the
965	965	health, safety and best interests of a child while at the same time
966	966	encouraging the emotional and developmental growth of the child, that a
967	967	caregiver shall use when determining whether to allow a child in foster
968	968	care under the responsibility of the state to participate in extracurricular,
969	969	enrichment, cultural and social activities.
970	970	(y) "Reintegration plan" means a written document prepared in
971	971	consultation with the child's parent or guardian that:
972	972	(1) Describes the reintegration goal, which, if achieved, will most
973	973	likely give the juvenile and the victim of the juvenile a permanent and safe
974	974	living arrangement;
975	975	(2) describes the child's level of physical health, mental and
976	976	emotional health and educational functioning;
977	977	(3) provides an assessment of the needs of the child and family;
978	978	(4) describes the services to be provided to the child, the child's
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1022	1022	family and the child's foster parents, if appropriate;
1023	1023	(5) includes a description of the tasks and responsibilities designed to
1024	1024	achieve the plan and to whom assigned;
1025	1025	(6) includes measurable objectives and time schedules for achieving
1026	1026	the plan; and
1027	1027	(7) if the child is in an out of home placement:
1028	1028	(A) Provides a statement for the basis of determining that
1029	1029	reintegration is determined not to be a viable option if such a
1030	1030	determination is made and includes a plan for another permanent living
1031	1031	arrangement;
1032	1032	(B) describes available alternatives;
1033	1033	(C) justifies the alternative placement selected, including a
1034	1034	description of the safety and appropriateness of such placement; and
1035	1035	(D) describes the programs and services that will help the child
1036	1036	prepare to live independently as an adult.
1037	1037	(z) "Risk and needs assessment" means a standardized instrument
1038	1038	administered on juveniles to identify specific risk factors and needs shown
1039	1039	to be statistically related to a juvenile's risk of reoffending and, when
1040	1040	properly addressed, can reduce a juvenile's risk of reoffending.
1041	1041	(aa) "Secretary" means the secretary of corrections or the secretary's
1042	1042	designee.
1043	1043	(bb) "Technical violation" means an act that violates the terms or
1044	1044	conditions imposed as part of a probation disposition pursuant to K.S.A.
1045	1045	38-2361, and amendments thereto, and that does not constitute a new
1046	1046	juvenile offense or a new child in need of care violation pursuant to K.S.A.
1047	1047	38-2202(d), and amendments thereto.
1048	1048	(cc) "Warrant" means a written order by a judge of the court directed
1049	1049	to any law enforcement officer commanding the officer to take into
1050	1050	custody the juvenile named or described therein.
1051	1051	(dd) "Youth residential facility" means any home, foster home or
1052	1052	structure which provides 24-hour-a-day care for juveniles and which is
1053	1053	licensed pursuant to article 5 of chapter 65 or article 70 of chapter 75 of
1054	1054	the Kansas Statutes Annotated, and amendments thereto.
1055	1055	(ee) "Behavioral health crisis" means behavioral and conduct issues
1056	1056	that impact the safety or health of a juvenile, members of the juvenile's
1057	1057	household or family or members of the community, including, but not
1058	1058	limited to, non-life threatening mental health and substance abuse
1059	1059	concerns.
1060	1060	Sec. 5. K.S.A. 38-2330 is hereby amended to read as follows: 38-
1061	1061	2330. (a) A law enforcement officer may take a juvenile into custody
1062	1062	when:
1063	1063	(1) Any offense has been or is being committed in the officer's view;
1064	1064	(2) the officer has a warrant commanding that the juvenile be taken
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1108	1108	into custody;
1109	1109	(3) the officer has probable cause to believe that a warrant or order
1110	1110	commanding that the juvenile be taken into custody has been issued in this
1111	1111	state or in another jurisdiction for an act committed therein;
1112	1112	(4) the officer has probable cause to believe that the juvenile is
1113	1113	committing or has committed an act which, if committed by an adult,
1114	1114	would constitute:
1115	1115	(A) A felony; or
1116	1116	(B) a misdemeanor and: (i) The juvenile will not be apprehended or
1117	1117	evidence of the offense will be irretrievably lost unless the juvenile is
1118	1118	immediately taken into custody; or (ii) the juvenile may cause injury to
1119	1119	self or others or damage to property or may be injured unless immediately
1120	1120	taken into custody;
1121	1121	(5) the officer has probable cause to believe that the juvenile has
1122	1122	violated an order for electronic monitoring as a term of probation; or
1123	1123	(6) the officer receives a written statement pursuant to subsection (c).
1124	1124	(b) A court services officer, juvenile community corrections officer or
1125	1125	other person authorized to supervise juveniles subject to this code, may
1126	1126	take a juvenile into custody when: (1) There is a warrant commanding that
1127	1127	the juvenile be taken into custody; or (2) the officer has probable cause to
1128	1128	believe that a warrant or order commanding that the juvenile be taken into
1129	1129	custody has been issued in this state or in another jurisdiction for an act
1130	1130	committed therein.
1131	1131	(c) Any court services officer, juvenile community corrections officer
1132	1132	or other person authorized to supervise juveniles subject to this code, may
1133	1133	request a warrant by giving the court a written statement setting forth that
1134	1134	the juvenile, in the judgment of the court services officer, juvenile
1135	1135	community corrections officer or other person authorized to supervise
1136	1136	juveniles subject to this code:
1137	1137	(1) (A) Has violated the condition of the juvenile's conditional release
1138	1138	from detention or probation, for the third or subsequent time; and
1139	1139	(B) poses a significant risk of physical harm to another or damage to
1140	1140	property; or
1141	1141	(2) has absconded from supervision.
1142	1142	(d) (1) A juvenile taken into custody by a law enforcement officer or
1143	1143	other person authorized pursuant to subsection (b) shall be brought without
1144	1144	unnecessary delay to the custody of the juvenile's parent or other
1145	1145	custodian, unless there are reasonable grounds to believe that such action
1146	1146	would not be in the best interests of the child or would pose a risk to
1147	1147	public safety or property.
1148	1148	(2) If the juvenile cannot be delivered to the juvenile's parent or
1149	1149	custodian, the officer may:
1150	1150	(A) Issue a notice to appear pursuant to subsection (g);
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1194	1194	(B) contact or deliver the juvenile to an intake and assessment worker
1195	1195	for completion of the intake and assessment process pursuant to K.S.A.
1196	1196	75-7023, and amendments thereto; or
1197	1197	(C) if the juvenile is determined to not be detention eligible based on
1198	1198	a standardized detention risk assessment tool and is experiencing a mental
1199	1199	behavioral health crisis, deliver a juvenile to a juvenile crisis intervention
1200	1200	center, as described in K.S.A. 65-536, and amendments thereto, after
1201	1201	written authorization by a community mental health center.
1202	1202	(3) It shall be the duty of the officer to furnish the county or district
1203	1203	attorney and the juvenile intake and assessment worker if the officer has
1204	1204	delivered the juvenile to the worker or issued a notice to appear consistent
1205	1205	with subsection (g), with all of the information in the officer's possession
1206	1206	pertaining to the juvenile, the juvenile's parent or other persons interested
1207	1207	in or likely to be interested in the juvenile and all other facts and
1208	1208	circumstances which caused the juvenile to be arrested or taken into
1209	1209	custody.
1210	1210	(e) In the absence of a court order to the contrary, the court or
1211	1211	officials designated by the court, the county or district attorney or the law
1212	1212	enforcement agency taking a juvenile into custody shall direct the release
1213	1213	prior to the time specified by K.S.A. 38-2343(a), and amendments thereto.
1214	1214	In addition, pursuant to K.S.A. 75-7023 and K.S.A. 38-2346, and
1215	1215	amendments thereto, a juvenile intake and assessment worker shall direct
1216	1216	the release of a juvenile prior to a detention hearing after the completion of
1217	1217	the intake and assessment process.
1218	1218	(f) Whenever a person 18 years of age or more is taken into custody
1219	1219	by a law enforcement officer for an alleged offense which was committed
1220	1220	prior to the time the person reached the age of 18, the officer shall notify
1221	1221	and refer the matter to the court for proceedings pursuant to this code,
1222	1222	except that the provisions of this code relating to detention hearings shall
1223	1223	not apply to that person. If such person is eligible for detention, and all
1224	1224	suitable alternatives to detention have been exhausted, the person shall be
1225	1225	detained in jail. Unless the law enforcement officer took the person into
1226	1226	custody pursuant to a warrant issued by the court and the warrant specifies
1227	1227	the amount of bond or indicates that the person may be released on
1228	1228	personal recognizance, the person shall be taken before the court of the
1229	1229	county where the alleged act took place or, at the request of the person, the
1230	1230	person shall be taken, without delay, before the nearest court. The court
1231	1231	shall fix the terms and conditions of an appearance bond upon which the
1232	1232	person may be released from custody. The provisions of article 28 of
1233	1233	chapter 22 of the Kansas Statutes Annotated and K.S.A. 22-2901, and
1234	1234	amendments thereto, relating to appearance bonds and review of
1235	1235	conditions and release shall be applicable to appearance bonds provided
1236	1236	for in this section.
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1280	1280	(g) (1) Whenever a law enforcement officer detains any juvenile and
1281	1281	such juvenile is not immediately taken to juvenile intake and assessment
1282	1282	services, the officer may serve upon such juvenile a written notice to
1283	1283	appear. Such notice to appear shall contain the name and address of the
1284	1284	juvenile detained, the crime charged and the location and phone number of
1285	1285	the juvenile intake and assessment services office where the juvenile will
1286	1286	need to appear with a parent or guardian.
1287	1287	(2) The juvenile intake and assessment services office specified in
1288	1288	such notice to appear must be contacted by the juvenile or a parent or
1289	1289	guardian no more than 48 hours after such notice is given, excluding
1290	1290	weekends and holidays.
1291	1291	(3) The juvenile detained, in order to secure release as provided in
1292	1292	this section, must give a written promise to call within the time specified
1293	1293	by signing the written notice prepared by the officer. The original notice
1294	1294	shall be retained by the officer and a copy shall be delivered to the juvenile
1295	1295	detained and that juvenile's parent or guardian if such juvenile is under 18
1296	1296	years of age. The officer shall then release the juvenile.
1297	1297	(4) The law enforcement officer shall cause to be filed, without
1298	1298	unnecessary delay, a complaint with juvenile intake and assessment
1299	1299	services in which a juvenile released pursuant to paragraph (3) is given
1300	1300	notice to appear, charging the crime stated in such notice. A copy shall also
1301	1301	be provided to the district or county attorney. If the juvenile released fails
1302	1302	to contact juvenile intake and assessment services as required in the notice
1303	1303	to appear, juvenile intake and assessment services shall notify the district
1304	1304	or county attorney.
1305	1305	(5) The notice to appear served pursuant to paragraph (1) and the
1306	1306	complaint filed pursuant to paragraph (4) may be provided to the juvenile
1307	1307	in a single citation.
1308	1308	Sec. 6. K.S.A. 65-536 is hereby amended to read as follows: 65-536.
1309	1309	(a) A juvenile crisis intervention center is a facility that provides short-
1310	1310	term observation, assessment, treatment and case planning, and referral for
1311	1311	any juvenile who is experiencing a mental behavioral health crisis and is
1312	1312	likely to cause harm to self or others. Such centers shall:
1313	1313	(1) Address or ensure access to the broad range of services to meet
1314	1314	the needs of a juvenile admitted to the center, including, but not limited to,
1315	1315	medical, psychiatric, psychological, social and, educational and substance
1316	1316	abuse related services;
1317	1317	(2) not include construction features designed to physically restrict
1318	1318	the movements and activities of juveniles, but shall have a design,
1319	1319	structure, interior and exterior environment, and furnishings to promote a
1320	1320	safe, comfortable and therapeutic environment for juveniles admitted to
1321	1321	the center;
1322	1322	(3) implement written policies and procedures that include the use of
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1366	1366	a combination of supervision, inspection and accountability to promote
1367	1367	safe and orderly operations; and
1368	1368	(4) implement written policies and procedures for staff monitoring of
1369	1369	all center entrances and exits.
1370	1370	(b) A juvenile crisis intervention center shall provide treatment to
1371	1371	juveniles admitted to such center, as appropriate while admitted.
1372	1372	(c) A juvenile crisis intervention center may be on the same premises
1373	1373	as that of another licensed facility. If the juvenile crisis intervention center
1374	1374	is on the same premises as that of another licensed facility, the living unit
1375	1375	of the juvenile crisis intervention center shall be maintained in a separate,
1376	1376	self-contained unit. No juvenile crisis intervention center shall be in a city
1377	1377	or county jail or a juvenile detention facility.
1378	1378	(d) (1) A juvenile may be admitted to a juvenile crisis intervention
1379	1379	center when:
1380	1380	(A) The head of such center determines such juvenile is in need of
1381	1381	treatment and likely to cause harm to self or others;
1382	1382	(B) a qualified mental health professional from a community mental
1383	1383	health center has given written authorization for such juvenile to be
1384	1384	admitted to a juvenile crisis intervention center; and
1385	1385	(C) no other more appropriate treatment services are available and
1386	1386	accessible to the juvenile at the time of admission.
1387	1387	(2) A juvenile may be admitted to a juvenile crisis intervention center
1388	1388	for not more than 30 days. A parent with legal custody or legal guardian of
1389	1389	a juvenile placed in a juvenile crisis intervention center may remove such
1390	1390	juvenile from the center at any time. If the removal may cause the juvenile
1391	1391	to become a child in need of care pursuant to K.S.A. 38-2202(d), and
1392	1392	amendments thereto, the head of a juvenile crisis intervention center may
1393	1393	report such concerns to the department for children and families or law
1394	1394	enforcement or may request the county or district attorney to initiate
1395	1395	proceedings pursuant to the revised Kansas code for care of children. If the
1396	1396	head of a juvenile crisis intervention center determines the most
1397	1397	appropriate action is to request the county or district attorney to initiate
1398	1398	proceedings pursuant to the revised Kansas code for care of children, the
1399	1399	head of such center shall make such request and shall keep such juvenile in
1400	1400	the center for an additional 24-hour period to initiate the appropriate
1401	1401	proceedings.
1402	1402	(3) When a juvenile is released from a juvenile crisis intervention
1403	1403	center, the managed care organization, if the juvenile is a medicaid
1404	1404	recipient, and the community mental health center serving the area where
1405	1405	the juvenile is being discharged shall be involved with discharge planning.
1406	1406	Within seven days prior to the discharge of a juvenile, the head of the
1407	1407	juvenile crisis intervention center shall give written notice of the date and
1408	1408	time of the discharge to the patient, the managed care organization, if the
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1452	1452	juvenile is a medicaid recipient, and the community mental health center
1453	1453	serving the area where the juvenile is being discharged, and the patient's
1454	1454	parent, custodian or legal guardian.
1455	1455	(e) (1) Upon admission to a juvenile crisis intervention center, and if
1456	1456	the juvenile is a medicaid recipient, the managed care organization shall
1457	1457	approve services as recommended by the head of the juvenile crisis
1458	1458	intervention center. Within 14 days after admission, the head of the
1459	1459	juvenile crisis intervention center shall develop a plan of treatment for the
1460	1460	juvenile in collaboration with the managed care organization.
1461	1461	(2) Nothing in this subsection shall prohibit the department of health and
1462	1462	environment from administering or reimbursing state medicaid services to
1463	1463	any juvenile admitted to a juvenile crisis intervention center pursuant to a
1464	1464	waiver granted under section 1915(c) of the federal social security act,
1465	1465	provided that such services are not administered through a managed care
1466	1466	delivery system.
1467	1467	(3) Nothing in this subsection shall prohibit the department of health
1468	1468	and environment from reimbursing any state medicaid services that qualify
1469	1469	for reimbursement and that are provided to a juvenile admitted to a
1470	1470	juvenile crisis intervention center.
1471	1471	(4) Nothing in this subsection shall impair or otherwise affect the
1472	1472	validity of any contract in existence on July 1, 2018, between a managed
1473	1473	care organization and the department of health and environment to provide
1474	1474	state medicaid services.
1475	1475	(5) On or before January 1, 2019, the secretary of health and
1476	1476	environment shall submit to the United States centers for medicare and
1477	1477	medicaid services any approval request necessary to implement this
1478	1478	subsection.
1479	1479	(f) The secretary for children and families, in consultation with the
1480	1480	attorney general, shall promulgate rules and regulations to implement the
1481	1481	provisions of this section on or before January 1, 2019.
1482	1482	(g) The secretary for children and families shall annually report
1483	1483	information on outcomes of juveniles admitted into juvenile crisis
1484	1484	intervention centers to the joint committee on corrections and juvenile
1485	1485	justice oversight, the corrections and juvenile justice committee of the
1486	1486	house of representatives and the judiciary committee of the senate. Such
1487	1487	report shall include:
1488	1488	(1) The number of admissions, releases and the lengths of stay for
1489	1489	juveniles admitted to juvenile crisis intervention centers;
1490	1490	(2) services provided to juveniles admitted;
1491	1491	(3) needs of juveniles admitted determined by evidence-based
1492	1492	assessment; and
1493	1493	(4) success and recidivism rates, including information on the
1494	1494	reduction of involvement of the child welfare system and juvenile justice
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1538	1538	system with the juvenile.
1539	1539	(h) The secretary of corrections may enter into memorandums of
1540	1540	agreement with other cabinet agencies to provide funding, not to exceed
1541	1541	$2,000,000 annually, from the evidence-based programs account of the
1542	1542	state general fund or other available appropriations for juvenile crisis
1543	1543	intervention services.
1544	1544	(i) For the purposes of this section:
1545	1545	(1) "Behavioral health crisis" means behavioral and conduct issues
1546	1546	that impact the safety or health of a juvenile, members of the juvenile's
1547	1547	household or family or members of the community, including, but not
1548	1548	limited to, non-life threatening mental health and substance abuse
1549	1549	concerns;
1550	1550	(2) "head of a juvenile crisis intervention center" means the
1551	1551	administrative director of a juvenile crisis intervention center or such
1552	1552	person's designee;
1553	1553	(2)(3) "juvenile" means a person who is less than 18 years of age;
1554	1554	(3)(4) "likely to cause harm to self or others" means that a juvenile,
1555	1555	by reason of the juvenile's behavioral health condition, mental disorder or
1556	1556	mental condition is likely, in the reasonably foreseeable future, to cause
1557	1557	substantial physical injury or physical abuse to self or others or substantial
1558	1558	damage to another's property, as evidenced by behavior threatening,
1559	1559	attempting or causing such injury, abuse or damage;
1560	1560	(4)(5) "treatment" means any service intended to promote the mental
1561	1561	health of the patient and rendered by a qualified professional, licensed or
1562	1562	certified by the state to provide such service as an independent practitioner
1563	1563	or under the supervision of such practitioner; and
1564	1564	(5)(6) "qualified mental health professional" means a physician or
1565	1565	psychologist who is employed by a participating mental health center or
1566	1566	who is providing services as a physician or psychologist under a contract
1567	1567	with a participating mental health center, a licensed masters level
1568	1568	psychologist, a licensed clinical psychotherapist, a licensed marriage and
1569	1569	family therapist, a licensed clinical marriage and family therapist, a
1570	1570	licensed professional counselor, a licensed clinical professional counselor,
1571	1571	a licensed specialist social worker or a licensed master social worker or a
1572	1572	registered nurse who has a specialty in psychiatric nursing, who is
1573	1573	employed by a participating mental health center and who is acting under
1574	1574	the direction of a physician or psychologist who is employed by, or under
1575	1575	contract with, a participating mental health center.
1576	1576	(j) This section shall be part of and supplemental to article 5 of
1577	1577	chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
1578	1578	Sec. 7. K.S.A. 75-52,164 is hereby amended to read as follows: 75-
1579	1579	52,164. (a) There is hereby established in the state treasury the evidence-
1580	1580	based programs account of the state general fund, which shall be
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1624	1624	administered by the department of corrections. All expenditures from the
1625	1625	evidence-based programs account of the state general fund shall be for the
1626	1626	development and implementation of evidence-based community programs
1627	1627	and practices for juvenile offenders, juveniles experiencing mental
1628	1628	behavioral health crisis and their families by community supervision
1629	1629	offices, including, but not limited to, juvenile intake and assessment, court
1630	1630	services, community corrections and juvenile crisis intervention centers.
1631	1631	All expenditures from the evidence-based programs account of the state
1632	1632	general fund shall be made in accordance with appropriation acts upon
1633	1633	warrants of the director of accounts and reports issued pursuant to
1634	1634	vouchers approved by the secretary of corrections or the secretary's
1635	1635	designee.
1636	1636	(b) At least annually, throughout the year, the secretary of corrections
1637	1637	shall determine and certify to the director of accounts and reports the
1638	1638	amount in each account of the state general fund of a state agency that has
1639	1639	been determined by the secretary to be actual or projected cost savings as a
1640	1640	result of cost avoidance resulting from decreased reliance on incarceration
1641	1641	in the juvenile correctional facility and placement in youth residential
1642	1642	centers. The baseline shall be calculated on the cost of incarceration and
1643	1643	placement in fiscal year 2015.
1644	1644	(c) Upon receipt of a certification pursuant to subsection (b), the
1645	1645	director of accounts and reports shall transfer the amount certified
1646	1646	pursuant to subsection (b) from each account of the state general fund of a
1647	1647	state agency that has been determined by the secretary of corrections to be
1648	1648	actual or projected cost savings to the evidence-based programs account of
1649	1649	the state general fund.
1650	1650	(d) Prioritization of evidence-based programs account of the state
1651	1651	general fund moneys will be given to regions that demonstrate a high rate
1652	1652	of out-of-home placement of juvenile offenders per capita that have few
1653	1653	existing community-based alternatives.
1654	1654	(e) During fiscal years 2017 and 2018, the secretary of corrections
1655	1655	shall transfer an amount not to exceed $8,000,000 from appropriated
1656	1656	department of corrections moneys from the state general fund or any
1657	1657	available special revenue fund or funds that are budgeted for the purposes
1658	1658	of facilitating the development and implementation of new community
1659	1659	placements in conjunction with the reduction in out-of-home placements.
1660	1660	(f) The evidence-based programs account of the state general fund
1661	1661	and any other moneys transferred pursuant to this section shall be used for
1662	1662	the purposes set forth in this section and for no other governmental
1663	1663	purposes. It is the intent of the legislature that the funds and the moneys
1664	1664	deposited in this fund shall remain intact and inviolate for the purposes set
1665	1665	forth in this section.
1666	1666	Sec. 8. K.S.A. 38-2202, 38-2231, 38-2243, 38-2302, 38-2330, 65-536
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1710	1710	and 75-52,164 are hereby repealed.
1711	1711	Sec. 9. This act shall take effect and be in force from and after its
1712	1712	publication in the statute book.
1713	1713	1
1714	1714	2
1715	1715	3