Kansas 2023-2024 Regular Session

Kansas House Bill HB2568 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	Session of 2024
2	2	HOUSE BILL No. 2568
3	3	By Committee on Corrections and Juvenile Justice
4	4	Requested by Heather Sprague Scanlon on behalf of the Justice Action Network
5	5	1-23
6	6	AN ACT concerning children and minors; relating to juvenile offenders;
7	7	the revised Kansas juvenile justice code; prohibiting fines, fees and
8	8	costs from being assessed against a juvenile or a juvenile's parent,
9	9	guardian or custodian; amending K.S.A. 12-16,119, 20-3129, 21-6609,
10	10	22-4905, 28-170, 28-170a, 28-176, 38-2306, 38-2312, 38-2315, 38-
11	11	2317, 38-2328, 38-2331, 38-2346, 38-2348, 38-2360, 38-2361, 38-
12	12	2362, 38-2369, 38-2373, 38-2384, 38-2389, 38-2396, 38-2399 and 75-
13	13	724 and K.S.A. 2023 Supp. 28-177 and repealing the existing sections;
14	14	also repealing K.S.A. 20-167, 38-2314, 38-2319, 38-2321, 38-2322 and
15	15	38-2324.
16	16	Be it enacted by the Legislature of the State of Kansas:
17	17	New Section 1. (a) In any action pursuant to the revised Kansas
18	18	juvenile justice code, no fines, fees, costs, court expenses, reimbursements
19	19	or other financial obligations shall be ordered, assessed or sought against a
20	20	juvenile or a juvenile's parent, guardian or custodian.
21	21	(b) On and after July 1, 2024:
22	22	(1) Any outstanding court ordered fines, fees, costs, court expenses,
23	23	reimbursements or other financial obligations owed by a juvenile or a
24	24	juvenile's parent, guardian or custodian that were assessed during the
25	25	course of an action pursuant to the revised Kansas juvenile justice code
26	26	shall be discharged and shall not be collected. The provisions of this
27	27	paragraph apply to court ordered fines, fees, costs, court expenses,
28	28	reimbursements and other financial obligations that are currently being
29	29	collected utilizing the services of a contracting agent pursuant to K.S.A.
30	30	20-169, and amendments thereto.
31	31	(2) Any juvenile who is participating in an immediate intervention
32	32	program, on probation, in a juvenile detention facility or juvenile
33	33	correctional facility or is otherwise being supervised solely because the
34	34	juvenile has outstanding fines, fees, costs, court expenses, reimbursements
35	35	or other financial obligations shall be immediately discharged.
36	36	(3) A juvenile, parent or guardian who is currently incarcerated in a
37	37	correctional facility, jail, juvenile correctional facility or juvenile detention
38	38	facility solely because of nonpayment of any fine, fee, cost, court expense,
39	39	reimbursement or other financial obligation imposed in an action pursuant
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75	75	to the revised Kansas juvenile justice code shall be released from
76	76	custody.
77	77	(c) The provisions of this section shall not apply to restitution that is
78	78	owed by a juvenile.
79	79	(d) This section shall be a part of and supplemental to the revised
80	80	Kansas juvenile justice code.
81	81	Sec. 2. K.S.A. 12-16,119 is hereby amended to read as follows: 12-
82	82	16,119. (a) Any person convicted or diverted, or adjudicated or diverted
83	83	under a preadjudication program, pursuant to K.S.A. 12-4414 et seq. or
84	84	22-2906 et seq., K.S.A. 38-2346 et seq., or 12-4414 et seq., and
85	85	amendments thereto, of a misdemeanor or felony contained in chapters 8,
86	86	41 or 65 of the Kansas Statutes Annotated, or the Kansas criminal code,
87	87	and amendments thereto, where fingerprints are required pursuant to
88	88	K.S.A. 21-2501, and amendments thereto, shall pay a separate court cost if
89	89	the board of county commissioners or by the governing body of a city,
90	90	where a city operates a detention facility, votes to adopt such a fee as a
91	91	booking or processing fee for each complaint.
92	92	(b) Such fee shall be in addition to and not in substitution for any and
93	93	all fines and penalties otherwise provided for by law for such offense.
94	94	(c) Disbursements of these fees shall be to the general fund of the
95	95	governing body responsible for the funding of the sheriff, police
96	96	department or countywide law enforcement agency that obtains the
97	97	fingerprints.
98	98	(d) Such fee shall not exceed $45.
99	99	(e) Such fee shall not be imposed in any action pursuant to the
100	100	revised Kansas juvenile justice code.
101	101	Sec. 3. K.S.A. 20-3129 is hereby amended to read as follows: 20-
102	102	3129. (a) Subject to the limitations contained in this section, the clerks of
103	103	the district courts shall tax a library fee in an amount determined by the
104	104	trustees of the law library in each county for the benefit and account of the
105	105	law library in each county. Such library fee shall be not less than $2 nor
106	106	more than $10 in all cases commenced pursuant to chapter 60 of the
107	107	Kansas Statutes Annotated, and amendments thereto, and in all felony
108	108	criminal cases and shall be not less than $.50 nor more than $7 in all other
109	109	cases.
110	110	(b) The clerks of the district courts in Sedgwick county and Johnson
111	111	county may tax an additional fee in an amount determined by the trustees
112	112	of the law library in each county for the benefit and account of the law
113	113	library in each such county. Such additional library fee shall not be more
114	114	than $4 in all cases.
115	115	(c) The trustee of the law library in each county may increase law
116	116	library fees under this section once per calendar year as of July 1. Changed
117	117	law library fees shall be effective as of that date and when filed with the
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161	161	clerk of the supreme court. The trustees of the law library in each county
162	162	shall file with the respective clerks the fees to be charged in that court.
163	163	(d) The fees provided for by subsection (a) shall be deducted from the
164	164	docket fee. The fees provided for by subsection (b) shall be in addition to
165	165	the docket fees established by law.
166	166	(e) In criminal cases where the case is dismissed by the state, the
167	167	county shall be liable for the library fee. Where appeals from conviction in
168	168	the municipal court are dismissed for want of prosecution, or by the
169	169	defendant, the state or city shall collect the library fee. Upon failure of the
170	170	state or city to do so within 90 days after the dismissal, the county from
171	171	which the appeal is taken shall be liable therefor.
172	172	(f) The additional library fee under subsection (b) shall be considered
173	173	a docket fee for purposes of K.S.A. 60-2001 et seq., and amendments
174	174	thereto.
175	175	(g) No fee shall be imposed on or collected from a juvenile or a
176	176	juvenile's parent, guardian or custodian pursuant to this section in any
177	177	action pursuant to the revised Kansas juvenile justice code.
178	178	Sec. 4. K.S.A. 21-6609 is hereby amended to read as follows: 21-
179	179	6609. (a) The court or the secretary of corrections may implement a house
180	180	arrest program for defendants or inmates being sentenced by the court or
181	181	in the custody of the secretary of corrections or as a sanction for offenders
182	182	who have failed to comply with the conditions of probation, parole or
183	183	postrelease supervision, except:
184	184	(1) No defendant shall be placed by the court under house arrest if
185	185	found guilty of:
186	186	(A) Any crime designated as a class A or B felony in article 34 or 35
187	187	of the Kansas Statutes Annotated, prior to their repeal;
188	188	(B) subsection (b) of K.S.A. 21-5604(b), and amendments thereto;
189	189	(C) K.S.A. 21-5602, and amendments thereto;
190	190	(D) any off-grid felony; or
191	191	(E) any nondrug crime ranked in severity levels 1 through 5 or any
192	192	felony ranked in severity levels 1 through 3 of the drug grid, unless the
193	193	offender has been sentenced to probation;
194	194	(2) no inmate shall be placed under house arrest if such inmate's
195	195	security status is greater than minimum security; or
196	196	(3) no inmate shall be placed under house arrest who has been denied
197	197	parole by the prisoner review board within the last six months. Any inmate
198	198	who, while participating in the house arrest program, is denied parole by
199	199	the prisoner review board shall be allowed to remain under house arrest
200	200	until the completion of the sentence or until the inmate is otherwise
201	201	removed from the program.
202	202	(b) At the time of placement of an inmate under house arrest, the
203	203	court, secretary or house arrest staff shall provide written notification to
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247	247	the sheriff and district or county attorney of the county in which any
248	248	person under house arrest is to be placed and to the chief law enforcement
249	249	officer of any incorporated city or town in which such person is to be
250	250	placed of the placement of the person under house arrest within the county
251	251	or incorporated city or town.
252	252	(c) House arrest sanctions shall be administered by the court and the
253	253	secretary of corrections, respectively, through rules and regulations, and
254	254	may include, but are not limited to, rehabilitative restitution in money or in
255	255	kind, curfew, revocation or suspension of the driver's license, community
256	256	service, deprivation of nonessential activities or privileges, or other
257	257	appropriate restraints on the inmate's liberty.
258	258	(d) Upon placement in a house arrest program, the court, secretary or
259	259	house arrest staff shall inform the offender, and any other people residing
260	260	with such offender, of the nature and extent of such house arrest
261	261	monitoring, and shall obtain the written agreement of such offender to
262	262	comply with all requirements of the program.
263	263	(e) The offender shall remain within the property boundaries of the
264	264	offender's residence at all times during the term of house arrest, except as
265	265	provided under the house arrest agreement with such offender.
266	266	(f) The offender shall allow any law enforcement officer, community
267	267	corrections officer, court services officer or duly authorized agent of the
268	268	department of corrections, to enter such offender's residence at any time to
269	269	verify the offender's compliance with the conditions of the house release.
270	270	(g) As a condition of house arrest, the court or secretary may require
271	271	an offender placed under house arrest to pay any supervision costs
272	272	associated with the house arrest program. The secretary shall not require a
273	273	juvenile or a juvenile's parent, guardian or custodian to pay any
274	274	supervision costs associated with a house arrest program.
275	275	(h) The offender shall consent to be monitored by:
276	276	(1) An electronic monitoring device on such offender's person;
277	277	(2) an electronic monitoring device in such offender's home;
278	278	(3) a remote blood alcohol monitoring device;
279	279	(4) a home telephone verification procedure;
280	280	(5) radio frequency devices; or
281	281	(6) any combination of monitoring methods as the court, secretary or
282	282	house arrest staff finds necessary.
283	283	(i) The secretary or the court may contract for independent
284	284	monitoring services. Such independent monitoring service shall be able to
285	285	provide monitoring 24 hours a day, every day of the year, and any other
286	286	services as determined by the secretary or the court.
287	287	(j) An offender violating the provisions of K.S.A. 8-1567, and
288	288	amendments thereto, if placed under house arrest, shall be monitored by an
289	289	electronic monitoring device, which verifies the offender's location. On a
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333	333	second or subsequent conviction of K.S.A. 8-1567, and amendments
334	334	thereto, an offender placed under house arrest shall serve the total number
335	335	of hours of confinement mandated by that section.
336	336	(k) As used in this section:
337	337	(1) "House arrest staff" means an independent contractor or
338	338	government entity, and agents thereof, utilized by the secretary or court to
339	339	administer the provisions of a house arrest program;
340	340	(2) "electronic monitoring device" means:
341	341	(A) An active or passive global positioning system-enabled device
342	342	capable of recording and transmitting an offender's location at all times or
343	343	at designated intervals. Such monitoring device may record or transmit
344	344	sound, visual images or other information regarding such offender's
345	345	location, via wireless communication; or
346	346	(B) a radio frequency device capable of monitoring an offender's
347	347	location; and
348	348	(3) "remote alcohol monitoring device" means a device capable of
349	349	monitoring an offender's blood alcohol content via micro fuel cell or deep
350	350	lung tissue sample. Such monitoring devices shall be of comparable
351	351	accuracy to roadside breath alcohol testing devices utilized by law
352	352	enforcement, and shall have wireless or landline telephone transmission
353	353	capabilities. Such device may be used in conjunction with an alcohol and
354	354	drug-sensing bracelet to monitor such offender's compliance with the
355	355	terms of house arrest.
356	356	Sec. 5. K.S.A. 22-4905 is hereby amended to read as follows: 22-
357	357	4905. Any offender required to register as provided in the Kansas offender
358	358	registration act shall:
359	359	(a) Except as otherwise provided in this subsection, register in person
360	360	with the registering law enforcement agency within three business days of
361	361	coming into any county or location of jurisdiction in which the offender
362	362	resides or intends to reside, maintains employment or intends to maintain
363	363	employment, or attends school or intends to attend school. Any such
364	364	offender who cannot physically register in person with the registering law
365	365	enforcement agency for such reasons including, but not limited to,
366	366	incapacitation or hospitalization, as determined by a person licensed to
367	367	practice medicine or surgery, or involuntarily committed pursuant to the
368	368	Kansas sexually violent predator act, shall be subject to verification
369	369	requirements other than in-person registration, as determined by the
370	370	registering law enforcement agency having jurisdiction;
371	371	(b) except as provided further, for any: (1) Sex offender, including a
372	372	violent offender or drug offender who is also a sex offender, report in
373	373	person four times each year to the registering law enforcement agency in
374	374	the county or location of jurisdiction in which the offender resides,
375	375	maintains employment or is attending a school; and (2) violent offender or
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419	419	drug offender, report in person four times each year to the registering law
420	420	enforcement agency in the county or location of jurisdiction in which the
421	421	offender resides, maintains employment or is attending a school, except
422	422	that, at the discretion of the registering law enforcement agency, one of the
423	423	four required reports may be conducted by certified letter. When utilized,
424	424	the certified letter for reporting shall be sent by the registering law
425	425	enforcement agency to the reported residence of the offender. The offender
426	426	shall indicate any changes in information as required for reporting in
427	427	person. The offender shall respond by returning the certified letter to the
428	428	registering law enforcement agency within 10 business days by certified
429	429	mail. The offender shall be required to report to the registering law
430	430	enforcement agency once during the month of the offender's birthday and
431	431	every third, sixth and ninth month occurring before and after the month of
432	432	the offender's birthday. The registering law enforcement agency may
433	433	determine the appropriate times and days for reporting by the offender,
434	434	consistent with this subsection. Nothing contained in this subsection shall
435	435	be construed to alleviate any offender from meeting the requirements
436	436	prescribed in the Kansas offender registration act;
437	437	(c) provide the information required for registration as provided in
438	438	K.S.A. 22-4907, and amendments thereto, and verify all information
439	439	previously provided is accurate;
440	440	(d) if in the custody of a correctional facility, register with the
441	441	correctional facility within three business days of initial custody and shall
442	442	not be required to update such registration until discharged, paroled,
443	443	furloughed or released on work or school release from a correctional
444	444	facility. A copy of the registration form and any updated registrations for
445	445	an offender released on work or school release shall be sent, within three
446	446	business days, to the registering law enforcement agency where the
447	447	offender is incarcerated, maintains employment or attends school, and to
448	448	the Kansas bureau of investigation;
449	449	(e) if involuntarily committed pursuant to the Kansas sexually violent
450	450	predator act, register within three business days of arrival in the county
451	451	where the offender resides during commitment. The offender shall not be
452	452	required to update such registration until placed in a reintegration facility,
453	453	on transitional release or on conditional release. Upon placement in a
454	454	reintegration facility, on transitional release or on conditional release, the
455	455	offender shall be personally responsible for complying with the provisions
456	456	of the Kansas offender registration act;
457	457	(f) notwithstanding subsections (a) and (b), if the offender is
458	458	transient, report in person to the registering law enforcement agency of
459	459	such county or location of jurisdiction in which the offender is physically
460	460	present within three business days of arrival in the county or location of
461	461	jurisdiction. Such offender shall be required to register in person with the
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505	505	registering law enforcement agency every 30 days, or more often at the
506	506	discretion of the registering law enforcement agency. Such offender shall
507	507	comply with the provisions of the Kansas offender registration act and, in
508	508	addition, shall:
509	509	(1) Provide a list of places where the offender has slept and otherwise
510	510	frequented during the period of time since the last date of registration; and
511	511	(2) provide a list of places where the offender may be contacted and
512	512	where the offender intends to sleep and otherwise frequent during the
513	513	period of time prior to the next required date of registration;
514	514	(g) if required by out-of-state law, register in any out-of-state
515	515	jurisdiction, where the offender resides, maintains employment or attends
516	516	school;
517	517	(h) register in person upon any commencement, change or
518	518	termination of residence location, employment status, school attendance or
519	519	other information as provided in K.S.A. 22-4907, and amendments thereto,
520	520	within three business days of such commencement, change or termination,
521	521	to the registering law enforcement agency or agencies where last
522	522	registered and provide written notice to the Kansas bureau of
523	523	investigation;
524	524	(i) report in person to the registering law enforcement agency or
525	525	agencies within three business days of any change in name;
526	526	(j) if receiving inpatient treatment at any treatment facility, inform the
527	527	treatment facility of the offender's status as an offender and inform the
528	528	registering law enforcement agency of the county or location of
529	529	jurisdiction in which the treatment facility is located of the offender's
530	530	presence at the treatment facility and the expected duration of the
531	531	treatment;
532	532	(k) submit to the taking of an updated photograph by the registering
533	533	law enforcement agency on each occasion when the offender registers with
534	534	or reports to the registering law enforcement agency in the county or
535	535	location of jurisdiction in which the offender resides, maintains
536	536	employment or attends school. In addition, such offender shall submit to
537	537	the taking of a photograph to document any changes in identifying
538	538	characteristics, including, but not limited to, scars, marks and tattoos;
539	539	(l) remit payment to the sheriff's office in the amount of $20 as part of
540	540	the reporting process required pursuant to subsection (b) in each county in
541	541	which the offender resides, maintains employment or is attending school.
542	542	Registration will be completed regardless of whether or not the offender
543	543	remits payment. Failure of the offender to remit full payment within 15
544	544	days of registration is a violation of the Kansas offender registration act
545	545	and is subject to prosecution pursuant to K.S.A. 22-4903, and amendments
546	546	thereto. Notwithstanding other provisions herein of this section, payment
547	547	of this fee is not required:
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591	591	(1) When an offender provides updates or changes in information or
592	592	during an initial registration unless such updates, changes or initial
593	593	registration is during the month of such offender's birthday and every
594	594	third, sixth and ninth month occurring before and after the month of the
595	595	offender's birthday;
596	596	(2) when an offender is transient and is required to register every 30
597	597	days, or more frequently as ordered by the registering law enforcement
598	598	agency, except during the month of the offender's birthday and every third,
599	599	sixth and ninth month occurring before and after the month of the
600	600	offender's birthday; or
601	601	(3) if an offender has, prior to the required reporting and within the
602	602	last three years, been determined to be indigent by a court of law, and the
603	603	basis for that finding is recorded by the court; or
604	604	(4) when an offender is required to register solely because of a
605	605	juvenile adjudication;
606	606	(m) annually renew any driver's license pursuant to K.S.A. 8-247, and
607	607	amendments thereto, and annually renew any identification card pursuant
608	608	to K.S.A. 2023 Supp. 8-1325a, and amendments thereto;
609	609	(n) if maintaining primary residence in this state, surrender all driver's
610	610	licenses and identification cards from other states, territories and the
611	611	District of Columbia, except if the offender is presently serving and
612	612	maintaining active duty in any branch of the United States military or the
613	613	offender is an immediate family member of a person presently serving and
614	614	maintaining active duty in any branch of the United States military;
615	615	(o) read and sign the registration form noting whether the
616	616	requirements provided in this section have been explained to the offender;
617	617	and
618	618	(p) report in person to the registering law enforcement agency in the
619	619	jurisdiction of the offender's residence and provide written notice to the
620	620	Kansas bureau of investigation 21 days prior to any travel outside of the
621	621	United States, and provide an itinerary including, but not limited to,
622	622	destination, means of transport and duration of travel, or if under
623	623	emergency circumstances, within three business days of making travel
624	624	arrangements.
625	625	Sec. 6. K.S.A. 28-170 is hereby amended to read as follows: 28-170.
626	626	(a) The docket fee prescribed by K.S.A. 60-2001, and amendments thereto,
627	627	and the fees for service of process, shall be the only costs assessed for
628	628	services of the clerk of the district court and the sheriff in any case filed
629	629	under chapter 60 or chapter 61 of the Kansas Statutes Annotated, and
630	630	amendments thereto, except that no fee shall be charged for an action filed
631	631	under K.S.A. 60-3101 et seq., and under or K.S.A. 60-31a01 et seq., and
632	632	amendments thereto. For services in other matters in which no other fee is
633	633	prescribed by statute, the following fees shall be charged and collected by
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676	676	43 HB 2568 9
677	677	the clerk. Only one fee shall be charged for each bond, lien or judgment:
678	678	1. For filing, entering and releasing a bond, mechanic's lien, notice of
679	679	intent to perform, personal property tax judgment or any judgment on
680	680	which execution process cannot be issued .........................................$14
681	681	2. For filing, entering and releasing a judgment of a court of this state on
682	682	which execution or other process can be issued ................................ $24
683	683	3. For a certificate, or for copying or certifying any paper or writ, such fee
684	684	as shall be prescribed by the district court.
685	685	(b) The fees for entries, certificates and other papers required in
686	686	naturalization cases shall be those prescribed by the federal government
687	687	and, when collected, shall be disbursed as prescribed by the federal
688	688	government. The clerk of the court shall remit to the state treasurer at least
689	689	monthly all moneys received from fees prescribed by subsection (a) or (b)
690	690	or received for any services performed which may be required by law. The
691	691	state treasurer shall deposit the remittance in the state treasury and credit
692	692	the entire amount to the state general fund.
693	693	(c) In actions pursuant to the revised Kansas code for care of
694	694	children, K.S.A. 38-2201 et seq., and amendments thereto, the revised
695	695	Kansas juvenile justice code, K.S.A. 38-2301 et seq., and amendments
696	696	thereto, the act for treatment of alcoholism, K.S.A. 65-4001 et seq., and
697	697	amendments thereto, the act for treatment of drug abuse, K.S.A. 65-5201
698	698	et seq., and amendments thereto, or the care and treatment act for mentally
699	699	ill persons, K.S.A. 59-2945 et seq., and amendments thereto, the clerk
700	700	shall charge an additional fee of $1 which shall be deducted from the
701	701	docket fee and credited to the prosecuting attorneys' training fund as
702	702	provided in K.S.A. 28-170a, and amendments thereto.
703	703	(d) Except as provided further, the bond, lien or judgment fee
704	704	established in subsection (a) shall be the only fee collected or moneys in
705	705	the nature of a fee collected for such bond, lien or judgment. Such fee shall
706	706	only be established by an act of the legislature and no other authority is
707	707	established by law or otherwise to collect a fee. On and after July 1, 2019,
708	708	through June 30, 2025, the supreme court may impose an additional
709	709	charge, not to exceed $22 per bond, lien or judgment fee, to fund the costs
710	710	of non-judicial personnel, except that such fee shall not be imposed in any
711	711	action pursuant to the revised Kansas juvenile justice code.
712	712	Sec. 7. K.S.A. 28-170a is hereby amended to read as follows: 28-
713	713	170a. (a) There is hereby established a prosecuting attorneys' training
714	714	fund. The clerk of the district court shall charge a fee of $1 in each
715	715	criminal case, to be deducted from the docket fee as provided in K.S.A.
716	716	28-172a, and amendments thereto and shall charge a fee of $1 in each case
717	717	pursuant to the revised Kansas code for care of children or the revised
718	718	Kansas juvenile justice code and each mental illness, drug abuse or
719	719	alcoholism treatment action as provided by subsection (c) of K.S.A. 28-
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763	763	170(c), and amendments thereto. The clerk of the district court, at least
764	764	monthly, shall pay all such fees received to the county treasurer who shall
765	765	credit the same to the prosecuting attorneys' training fund.
766	766	(b) Expenditures from the prosecuting attorneys' training fund shall
767	767	be paid by the county treasurer upon the order of the county or district
768	768	attorney and shall be used exclusively for the training of personnel in such
769	769	attorney's office and costs related thereto. Annually, on or before March
770	770	15, each county and district attorney shall submit to the attorney general
771	771	and the chairperson of the judiciary committee of each house, an
772	772	accounting that shows for the preceding year the amount of fees paid into
773	773	the prosecuting attorneys' training fund, the amounts and purpose of each
774	774	expenditure from such fund and the balance in such fund on December 31
775	775	of the preceding year. The purpose for each expenditure shall specifically
776	776	identify the person or persons for whom the expenditure was made and,
777	777	where applicable, the time and place where the training was received. If
778	778	any expenditure was paid to a nonprofit organization organized in this
779	779	state of which the county or district attorney is a member, the county or
780	780	district attorney shall include information on the training received for such
781	781	expenditure which information shall show the persons receiving the
782	782	training and the time and place thereof.
783	783	Sec. 8. K.S.A. 28-176 is hereby amended to read as follows: 28-176.
784	784	(a) The court shall order any person convicted or diverted, or adjudicated
785	785	or diverted under a preadjudication program pursuant to K.S.A. 12-4414,
786	786	et seq. or 22-2906 et seq., K.S.A. 38-2346 et seq., or 12-4414, and
787	787	amendments thereto, of a misdemeanor or felony contained in chapters 21,
788	788	41 or 65 of the Kansas Statutes Annotated, and amendments thereto, or a
789	789	violation of K.S.A. 8-2,144 or 8-1567, and amendments thereto, or a
790	790	violation of a municipal ordinance or county resolution prohibiting the acts
791	791	prohibited by such statutes, unless the municipality or county has an
792	792	agreement with the laboratory providing services that sets a restitution
793	793	amount to be paid by the person that is directly related to the cost of
794	794	laboratory services, to pay a separate court cost of $400 for every
795	795	individual offense if forensic science or laboratory services, forensic
796	796	computer examination services or forensic audio and video examination
797	797	services are provided, in connection with the investigation, by:
798	798	(1) The Kansas bureau of investigation;
799	799	(2) the Sedgwick county regional forensic science center;
800	800	(3) the Johnson county sheriff's laboratory;
801	801	(4) the heart of America regional computer forensics laboratory;
802	802	(5) the Wichita-Sedgwick county computer forensics crimes unit; or
803	803	(6) the Garden City police department computer, audio and video
804	804	forensics laboratory.
805	805	(b) Such fees shall be in addition to and not in substitution for any
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848	848	43 HB 2568 11
849	849	and all fines and penalties otherwise provided for by law for such offense.
850	850	(c) The court shall not lessen or waive such fees unless the court has
851	851	determined such person is indigent and the basis for the court's
852	852	determination is reflected in the court's order.
853	853	(d) Such fees shall be deposited into the designated fund of the
854	854	laboratory or forensic science or computer center that provided such
855	855	services. Fees for services provided by:
856	856	(1) The Kansas bureau of investigation shall be deposited in the
857	857	Kansas bureau of investigation forensic laboratory and materials fee fund
858	858	which is hereby created;
859	859	(2) the Sedgwick county regional forensic science center shall be
860	860	deposited in the Sedgwick county general fund;
861	861	(3) the Johnson county sheriff's laboratory shall be deposited in the
862	862	Johnson county sheriff's laboratory analysis fee fund;
863	863	(4) the heart of America regional computer forensics laboratory shall
864	864	be deposited in the general treasury account maintained by such
865	865	laboratory;
866	866	(5) the Wichita-Sedgwick county computer forensic crimes unit shall
867	867	be retained by the Sedgwick county sheriff. All funds retained by the
868	868	sheriff pursuant to the provisions of this section shall be credited to a
869	869	special fund of the sheriff's office; and
870	870	(6) the Garden City police department computer, audio and video
871	871	forensics laboratory shall be deposited in the Garden City general fund.
872	872	(e) Disbursements from the funds and accounts described in
873	873	subsection (d) shall be made for the following:
874	874	(1) Forensic science or laboratory services;
875	875	(2) forensic computer examination services;
876	876	(3) forensic audio and video examination services;
877	877	(4) purchase and maintenance of laboratory equipment and supplies;
878	878	(5) education, training and scientific development of personnel; and
879	879	(6) from the Kansas bureau of investigation forensic laboratory and
880	880	materials fee fund, the destruction of seized property and chemicals as
881	881	described in K.S.A. 22-2512 and 60-4117, and amendments thereto.
882	882	(f) On or before the 10
883	883	th
884	884	day of each month, the director of accounts
885	885	and reports shall transfer from the state general fund to the Kansas bureau
886	886	of investigation forensic laboratory and materials fee fund interest earnings
887	887	based on:
888	888	(1) The average daily balance of moneys in the Kansas bureau of
889	889	investigation forensic laboratory and materials fee fund for the preceding
890	890	month; and
891	891	(2) the net earnings rate of the pooled money investment portfolio for
892	892	the preceding month.
893	893	(g) All expenditures from the Kansas bureau of investigation forensic
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936	936	43 HB 2568 12
937	937	laboratory and materials fee fund shall be made in accordance with
938	938	appropriations acts upon warrants of the director of accounts and reports
939	939	issued pursuant to vouchers approved by the attorney general or by a
940	940	person or persons designated by the attorney general.
941	941	Sec. 9. K.S.A. 2023 Supp. 28-177 is hereby amended to read as
942	942	follows: 28-177. (a) Except as provided in this section and K.S.A. 28-178,
943	943	and amendments thereto, the fees established by legislative enactment
944	944	shall be the only fee collected or moneys in the nature of a fee collected
945	945	for court procedures. Such fee shall only be established by an act of the
946	946	legislature and no other authority is established by law or otherwise to
947	947	collect a fee. Court procedures shall include docket fees, filing fees or
948	948	other fees related to access to court procedures. On and after July 1, 2019,
949	949	through June 30, 2025, the supreme court may impose an additional
950	950	charge, not to exceed $26.50 per fee or the amount established by the
951	951	applicable statute, whichever amount is less, to fund the costs of non-
952	952	judicial personnel.
953	953	(b) Such additional charge imposed by the court pursuant to K.S.A. 8-
954	954	2107, 8-2110, 21-6614, 22-2410, 23-2510, 28-170, 28-172a, 28-178, 28-
955	955	179, 32-1049a, 38-2215, 38-2312, 38-2314, 59-104, 60-2001, 60-2203a,
956	956	61-2704, 61-4001 and 65-409 and K.S.A. 21-6614 and 23-2510, and
957	957	amendments thereto, shall be remitted to the state treasurer in accordance
958	958	with the provisions of K.S.A. 75-4215, and amendments thereto. Upon
959	959	receipt of each such remittance, the state treasurer shall deposit the entire
960	960	amount in the state treasury to the credit of the state general fund.
961	961	(c) There is hereby established in the state treasury the judicial branch
962	962	docket fee fund which shall be administered by the chief justice at the
963	963	Kansas supreme court. Moneys credited to the judicial branch docket fee
964	964	fund shall not be expended for compensation of judges or justices of the
965	965	judicial branch.
966	966	(d) All expenditures from the judicial branch docket fee fund shall be
967	967	made in accordance with appropriation acts and upon warrants of the
968	968	director of accounts and reports issued pursuant to vouchers approved by
969	969	the chief justice of the Kansas supreme court or by a person or persons
970	970	designated by the chief justice.
971	971	Sec. 10. K.S.A. 38-2306 is hereby amended to read as follows: 38-
972	972	2306. (a) Appointment of attorney to represent juvenile. A juvenile is
973	973	entitled to have the assistance of an attorney at every stage of the
974	974	proceedings. If a juvenile appears before any court without an attorney, the
975	975	court shall inform the juvenile and the juvenile's parent of the right to
976	976	employ an attorney. Upon failure to retain an attorney, the court shall
977	977	appoint an attorney to represent the juvenile. The expense of the appointed
978	978	attorney may shall not be assessed to the juvenile, or the juvenile's parent,
979	979	or both, as part of the expenses of the case guardian or custodian.
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1022	1022	43 HB 2568 13
1023	1023	(b) Continuation of representation. An attorney appointed for a
1024	1024	juvenile shall continue to represent the juvenile at all subsequent court
1025	1025	hearings in the proceeding under this code, including appellate
1026	1026	proceedings, unless relieved by the court upon a showing of good cause or
1027	1027	upon transfer of venue.
1028	1028	(c) Attorney fees. (1) An attorney appointed pursuant to this section
1029	1029	shall be allowed a reasonable fee for services, which may be assessed as
1030	1030	an expense in the proceedings as provided in K.S.A. 38-2314, and
1031	1031	amendments thereto shall be paid from the county's general fund.
1032	1032	(2) No fee for the services of an attorney appointed pursuant to this
1033	1033	section shall be assessed against a juvenile or a juvenile's parent,
1034	1034	guardian or custodian.
1035	1035	Sec. 11. K.S.A. 38-2312 is hereby amended to read as follows: 38-
1036	1036	2312. (a) Except as provided in subsections (b) and (c), any records or files
1037	1037	specified in this code concerning a juvenile may be expunged upon
1038	1038	application to a judge of the court of the county in which the records or
1039	1039	files are maintained. The application for expungement may be made by the
1040	1040	juvenile, if 18 years of age or older or, if the juvenile is less than 18 years
1041	1041	of age, by the juvenile's parent or next friend.
1042	1042	(b) There shall be no expungement of records or files concerning acts
1043	1043	committed by a juvenile which, if committed by an adult, would constitute
1044	1044	a violation of K.S.A. 21-3401, prior to its repeal, or K.S.A. 21-5402, and
1045	1045	amendments thereto, murder in the first degree; K.S.A. 21-3402, prior to
1046	1046	its repeal, or K.S.A. 21-5403, and amendments thereto, murder in the
1047	1047	second degree; K.S.A. 21-3403, prior to its repeal, or K.S.A. 21-5404, and
1048	1048	amendments thereto, voluntary manslaughter; K.S.A. 21-3404, prior to its
1049	1049	repeal, or K.S.A. 21-5405, and amendments thereto, involuntary
1050	1050	manslaughter; K.S.A. 21-3439, prior to its repeal, or K.S.A. 21-5401, and
1051	1051	amendments thereto, capital murder; K.S.A. 21-3442, prior to its repeal, or
1052	1052	K.S.A. 21-5405(a)(3) or (a)(5), and amendments thereto, involuntary
1053	1053	manslaughter while driving under the influence of alcohol or drugs; K.S.A.
1054	1054	21-3502, prior to its repeal, or K.S.A. 21-5503, and amendments thereto,
1055	1055	rape; K.S.A. 21-3503, prior to its repeal, or K.S.A. 21-5506(a), and
1056	1056	amendments thereto, indecent liberties with a child; K.S.A. 21-3504, prior
1057	1057	to its repeal, or K.S.A. 21-5506(b), and amendments thereto, aggravated
1058	1058	indecent liberties with a child; K.S.A. 21-3506, prior to its repeal, or
1059	1059	K.S.A. 21-5504(b), and amendments thereto, aggravated criminal sodomy;
1060	1060	K.S.A. 21-3510, prior to its repeal, or K.S.A. 21-5508(a), and amendments
1061	1061	thereto, indecent solicitation of a child; K.S.A. 21-3511, prior to its repeal,
1062	1062	or K.S.A. 21-5508(b), and amendments thereto, aggravated indecent
1063	1063	solicitation of a child; K.S.A. 21-3516, prior to its repeal, or K.S.A. 21-
1064	1064	5510, and amendments thereto, sexual exploitation of a child; K.S.A.21-
1065	1065	5514(a), and amendments thereto, internet trading in child pornography;
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1108	1108	43 HB 2568 14
1109	1109	K.S.A. 21-5514(b), and amendments thereto, aggravated internet trading in
1110	1110	child pornography; K.S.A. 21-3603, prior to its repeal, or K.S.A. 21-
1111	1111	5604(b), and amendments thereto, aggravated incest; K.S.A. 21-3608,
1112	1112	prior to its repeal, or K.S.A. 21-5601(a), and amendments thereto,
1113	1113	endangering a child; K.S.A. 21-3609, prior to its repeal, or K.S.A. 21-
1114	1114	5602, and amendments thereto, abuse of a child; or which would constitute
1115	1115	an attempt to commit a violation of any of the offenses specified in this
1116	1116	subsection.
1117	1117	(c) Notwithstanding any other law to the contrary, for any offender
1118	1118	who is required to register as provided in the Kansas offender registration
1119	1119	act, K.S.A. 22-4901 et seq., and amendments thereto, there shall be no
1120	1120	expungement of any conviction or any part of the offender's criminal
1121	1121	record while the offender is required to register as provided in the Kansas
1122	1122	offender registration act.
1123	1123	(d) When a petition for expungement is filed, the court shall set a date
1124	1124	for a hearing on the petition and shall give notice thereof to the county or
1125	1125	district attorney. The petition shall state: (1) The juvenile's full name; (2)
1126	1126	the full name of the juvenile as reflected in the court record, if different
1127	1127	than (1); (3) the juvenile's sex and date of birth; (4) the offense for which
1128	1128	the juvenile was adjudicated; (5) the date of the trial; and (6) the identity
1129	1129	of the trial court. Except as otherwise provided by law, a petition for
1130	1130	expungement shall be accompanied by a docket fee in the amount of $176.
1131	1131	On and after July 1, 2019, through June 30, 2025, the supreme court may
1132	1132	impose a charge, not to exceed $19 per case, to fund the costs of non-
1133	1133	judicial personnel. No docket fee, charge or other cost shall be imposed on
1134	1134	the petitioner. All petitions for expungement shall be docketed in the
1135	1135	original action. Any person who may have relevant information about the
1136	1136	petitioner may testify at the hearing. The court may inquire into the
1137	1137	background of the petitioner.
1138	1138	(e) (1) After hearing, the court shall order the expungement of the
1139	1139	records and files if the court finds that:
1140	1140	(A) (i) The juvenile has reached 23 years of age or that two years
1141	1141	have elapsed since the final discharge;
1142	1142	(ii) one year has elapsed since the final discharge for an adjudication
1143	1143	concerning acts committed by a juvenile which, if committed by an adult,
1144	1144	would constitute a violation of K.S.A. 21-6419, and amendments thereto;
1145	1145	or
1146	1146	(iii) the juvenile is a victim of human trafficking, aggravated human
1147	1147	trafficking or commercial sexual exploitation of a child, the adjudication
1148	1148	concerned acts committed by the juvenile as a result of such victimization,
1149	1149	including, but not limited to, acts which, if committed by an adult, would
1150	1150	constitute a violation of K.S.A. 21-6203 or 21-6419, and amendments
1151	1151	thereto, and the hearing on expungement occurred on or after the date of
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1195	1195	final discharge. The provisions of this clause shall not allow an
1196	1196	expungement of records or files concerning acts described in subsection
1197	1197	(b);
1198	1198	(B) since the final discharge of the juvenile, the juvenile has not been
1199	1199	convicted of a felony or of a misdemeanor other than a traffic offense or
1200	1200	adjudicated as a juvenile offender under the revised Kansas juvenile justice
1201	1201	code and no proceedings are pending seeking such a conviction or
1202	1202	adjudication; and
1203	1203	(C) the circumstances and behavior of the petitioner warrant
1204	1204	expungement.
1205	1205	(2) (A) The court may require that all court costs, fees and restitution
1206	1206	shall be paid shall not deny or delay processing of a petition for
1207	1207	expungement because of unpaid court costs, fees, restitution or other
1208	1208	outstanding financial obligations.
1209	1209	(B) For the purpose of collecting outstanding restitution, the
1210	1210	following persons shall have access to the expunged case file
1211	1211	notwithstanding any expungement:
1212	1212	(i) The clerk of the court;
1213	1213	(ii) a contracting agent as defined in K.S.A. 20-169, and amendments
1214	1214	thereto;
1215	1215	(iii) the petitioner and the petitioner's attorney;
1216	1216	(iv) the beneficiary under an order of restitution as defined in K.S.A.
1217	1217	20-169, and amendments thereto, and such beneficiary's attorney; and
1218	1218	(v) any other person authorized by a court order if the court finds it
1219	1219	is necessary for the person to have access to the expunged case file for the
1220	1220	purpose of collecting the outstanding restitution.
1221	1221	(f) Upon entry of an order expunging records or files, the offense
1222	1222	which the records or files concern shall be treated as if it never occurred,
1223	1223	except that upon conviction of a crime or adjudication in a subsequent
1224	1224	action under this code the offense may be considered in determining the
1225	1225	sentence to be imposed. The petitioner, the court and all law enforcement
1226	1226	officers and other public offices and agencies shall properly reply on
1227	1227	inquiry that no record or file exists with respect to the juvenile. Inspection
1228	1228	of the expunged files or records thereafter may be permitted by order of
1229	1229	the court upon petition by the person who is the subject thereof. The
1230	1230	inspection shall be limited to inspection by the person who is the subject of
1231	1231	the files or records and the person's designees.
1232	1232	(g) A certified copy of any order made pursuant to subsection (a) or
1233	1233	(d) shall be sent to the Kansas bureau of investigation, which shall notify
1234	1234	every juvenile or criminal justice agency which may possess records or
1235	1235	files ordered to be expunged. If the agency fails to comply with the order
1236	1236	within a reasonable time after its receipt, such agency may be adjudged in
1237	1237	contempt of court and punished accordingly.
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1281	1281	(h) The court shall inform any juvenile who has been adjudicated a
1282	1282	juvenile offender of the provisions of this section.
1283	1283	(i) Nothing in this section shall be construed to prohibit the
1284	1284	maintenance of information relating to an offense after records or files
1285	1285	concerning the offense have been expunged if the information is kept in a
1286	1286	manner that does not enable identification of the juvenile.
1287	1287	(j) Nothing in this section shall be construed to permit or require
1288	1288	expungement of files or records related to a child support order registered
1289	1289	pursuant to the revised Kansas juvenile justice code.
1290	1290	(k) Whenever the records or files of any adjudication have been
1291	1291	expunged under the provisions of this section, the custodian of the records
1292	1292	or files of adjudication relating to that offense shall not disclose the
1293	1293	existence of such records or files, except when requested by:
1294	1294	(1) The person whose record was expunged;
1295	1295	(2) a private detective agency or a private patrol operator, and the
1296	1296	request is accompanied by a statement that the request is being made in
1297	1297	conjunction with an application for employment with such agency or
1298	1298	operator by the person whose record has been expunged;
1299	1299	(3) a court, upon a showing of a subsequent conviction of the person
1300	1300	whose record has been expunged;
1301	1301	(4) the secretary for aging and disability services, or a designee of the
1302	1302	secretary, for the purpose of obtaining information relating to employment
1303	1303	in an institution, as defined in K.S.A. 76-12a01, and amendments thereto,
1304	1304	of the Kansas department for aging and disability services of any person
1305	1305	whose record has been expunged;
1306	1306	(5) a person entitled to such information pursuant to the terms of the
1307	1307	expungement order;
1308	1308	(6) the Kansas lottery, and the request is accompanied by a statement
1309	1309	that the request is being made to aid in determining qualifications for
1310	1310	employment with the Kansas lottery or for work in sensitive areas within
1311	1311	the Kansas lottery as deemed appropriate by the executive director of the
1312	1312	Kansas lottery;
1313	1313	(7) the governor or the Kansas racing commission, or a designee of
1314	1314	the commission, and the request is accompanied by a statement that the
1315	1315	request is being made to aid in determining qualifications for executive
1316	1316	director of the commission, for employment with the commission, for
1317	1317	work in sensitive areas in parimutuel racing as deemed appropriate by the
1318	1318	executive director of the commission or for licensure, renewal of licensure
1319	1319	or continued licensure by the commission;
1320	1320	(8) the Kansas sentencing commission; or
1321	1321	(9) the Kansas bureau of investigation, for the purposes of:
1322	1322	(A) Completing a person's criminal history record information within
1323	1323	the central repository in accordance with K.S.A. 22-4701 et seq., and
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1367	1367	amendments thereto; or
1368	1368	(B) providing information or documentation to the federal bureau of
1369	1369	investigation, in connection with the national instant criminal background
1370	1370	check system, to determine a person's qualification to possess a firearm.
1371	1371	(l) The provisions of subsection (k)(9) shall apply to all records
1372	1372	created prior to, on and after July 1, 2011.
1373	1373	Sec. 12. K.S.A. 38-2315 is hereby amended to read as follows: 38-
1374	1374	2315. (a) How paid. (1) If a juvenile, subject to this code, is not eligible for
1375	1375	assistance under K.S.A. 39-709, and amendments thereto, expenses for the
1376	1376	care and custody of the juvenile shall be paid out of the general fund of the
1377	1377	county in which the proceedings are initiated. Upon entry of a written
1378	1378	order transferring venue pursuant to K.S.A. 38-2305, and amendments
1379	1379	thereto, expenses shall be paid by the receiving county. For the purpose of
1380	1380	this section, a juvenile who is a nonresident of the state of Kansas or
1381	1381	whose residence is unknown shall have residence in the county where the
1382	1382	proceedings are initiated.
1383	1383	(2) When the custody of a juvenile is awarded to the commissioner,
1384	1384	the expenses for the care and custody of the juvenile from the date of
1385	1385	custody forward shall not be paid out of the county general fund, except as
1386	1386	provided in subsection (d) (b) or K.S.A. 38-2373, and amendments thereto.
1387	1387	In no event shall the payment authorized by this subsection exceed the
1388	1388	state approved rate.
1389	1389	(3) Nothing in this section shall be construed to mean that any person
1390	1390	shall be relieved of the legal responsibility to support a juvenile.
1391	1391	(b) Reimbursement to county general fund. (1) When expenses for the
1392	1392	care and custody of a juvenile subject to this code have been paid out of
1393	1393	the county general fund of any county in this state, the court may assess
1394	1394	the expenses to the person who by law is liable to maintain, care for or
1395	1395	support the juvenile and shall inform the person assessed the expenses of
1396	1396	such person's right to a hearing. If a hearing is requested, it shall be
1397	1397	granted and the court shall fix a time and place for hearing on the question
1398	1398	of requiring payment or reimbursement of all or part of the expenses by a
1399	1399	person who by law is liable to maintain, care for or support the juvenile.
1400	1400	(2) After notice to the person who by law is liable to maintain, care
1401	1401	for or support the juvenile, the court, if requested, may hear and dispose of
1402	1402	the matter and may enter an order relating to payment of expenses for care
1403	1403	and custody of the juvenile. If the person willfully fails or refuses to pay
1404	1404	the sum, the person may be adjudged in contempt of court and punished
1405	1405	accordingly.
1406	1406	(3) Any county which makes payment to maintain, care for or support
1407	1407	a juvenile subject to this code, may bring a separate action against a person
1408	1408	who by law is liable to maintain, care for or support such juvenile for the
1409	1409	reimbursement of expenses paid out of the county general fund for the care
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1453	1453	and custody of the juvenile.
1454	1454	(c) Reimbursement to the commissioner. When expenses for the care
1455	1455	and custody of a juvenile subject to this code have been paid by the
1456	1456	commissioner, the commissioner may recover the expenses as provided by
1457	1457	law from any person who by law is liable to maintain, care for or support
1458	1458	the juvenile. The commissioner shall have the power to compromise and
1459	1459	settle any claim due or any amount claimed to be due to the commissioner
1460	1460	from any person who by law is liable to maintain, care for or support the
1461	1461	juvenile. The commissioner may contract with a state agency, contract
1462	1462	with an individual or hire personnel to collect the reimbursements required
1463	1463	under this subsection.
1464	1464	(d)(b) Interlocal agreements. When a county has made an interlocal
1465	1465	agreement to maintain, care for or support alleged juvenile offenders or
1466	1466	juvenile offenders who are residents of another county and such other
1467	1467	county is a party to the interlocal agreement with the county which
1468	1468	performs the actual maintenance, care and support of the alleged juvenile
1469	1469	offender or juvenile offender, such county of residence may pay from its
1470	1470	county general fund to the other county whatever amount is agreed upon in
1471	1471	the interlocal agreement irrespective of any amount paid or to be paid by
1472	1472	the juvenile justice authority department of corrections. The juvenile
1473	1473	justice authority department of corrections shall not diminish the amount it
1474	1474	would otherwise reimburse any such county for maintaining, caring for
1475	1475	and supporting any such juvenile because of any payment under such an
1476	1476	interlocal agreement.
1477	1477	(c) The expenses for the care and custody of a juvenile subject to this
1478	1478	code shall not be assessed to the parent, guardian or custodian of the
1479	1479	juvenile.
1480	1480	Sec. 13. K.S.A. 38-2317 is hereby amended to read as follows: 38-
1481	1481	2317. (a) As used in this section:
1482	1482	(1) "Adjudicated person" means a person found to be a juvenile
1483	1483	offender or a person found not to be a juvenile offender because of mental
1484	1484	disease or defect.
1485	1485	(2) "Laboratory confirmation" means positive test results from a
1486	1486	confirmation test approved by the secretary of health and environment.
1487	1487	(3) "Sexual act" means contact between the penis and the vulva, the
1488	1488	penis and the anus, the mouth and the penis, the mouth and the vulva or
1489	1489	the mouth and the anus. For purposes of this definition paragraph, contact
1490	1490	involving the penis occurs upon penetration, however slight.
1491	1491	(4) "Infectious disease test" means a test approved by the secretary of
1492	1492	health and environment.
1493	1493	(5) "Body fluids" means blood, semen or vaginal secretions or any
1494	1494	body fluid visibly contaminated with blood.
1495	1495	(6) "Infectious disease" means any disease communicable from one
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1539	1539	person to another through contact with bodily fluids.
1540	1540	(b) At the time of the first appearance before the court of a person
1541	1541	charged with an offense involving a sexual act committed while the person
1542	1542	was a juvenile, or in which it appears from the nature of the charge that the
1543	1543	transmission of body fluids from one person to another may have been
1544	1544	involved, the judge shall inform the person or the parent or legal guardian
1545	1545	of the person of the availability of infectious disease testing and
1546	1546	counseling and shall cause each alleged victim of the offense and if the
1547	1547	alleged victim is a minor, the parent, if any, to be notified that infectious
1548	1548	disease testing and counseling are available.
1549	1549	(c) If the victim of the offense or if the victim is a minor, if the
1550	1550	victim's parent requests the court to order infectious disease tests of the
1551	1551	alleged offender or if the person charged with the offense stated to law
1552	1552	enforcement officers that such person has an infectious disease or is
1553	1553	infected with an infectious disease, or used words of like effect, the court
1554	1554	shall order the person charged with the offense to submit to infectious
1555	1555	disease tests.
1556	1556	(d) For any offense by an adjudicated person which the court
1557	1557	determines, from the facts of the case, involved or was likely to have
1558	1558	involved the transmission of body fluids from one person to another or
1559	1559	involved a sexual act, the court: (1) May order the adjudicated person to
1560	1560	submit to infectious disease tests; or (2) shall order the adjudicated person
1561	1561	to submit to infectious disease tests if a victim of the offense, or the parent
1562	1562	or legal guardian of the victim if the victim is a minor, requests the court to
1563	1563	make such order. If an infectious disease test is ordered under this
1564	1564	subsection, a victim who is an adult shall designate a health care provider
1565	1565	or counselor to receive the information on behalf of the victim. If a victim
1566	1566	is a minor, the parent or legal guardian of the victim shall designate the
1567	1567	health care provider or counselor to receive the information. If testing for
1568	1568	HIV or hepatitis B infection results in a negative reaction, the court shall
1569	1569	order the adjudicated person to submit to another test for HIV or hepatitis
1570	1570	B infection six months after the first test was administered.
1571	1571	(e) The results of infectious disease tests ordered under this section
1572	1572	shall be disclosed to the court which ordered the test, to the adjudicated
1573	1573	person, or the parent or legal guardian of the adjudicated person, and to
1574	1574	each person designated under subsection (d) by a victim or by the parent or
1575	1575	legal guardian of a victim. If infectious disease tests ordered under this
1576	1576	section results in a laboratory confirmation, the results shall be reported to
1577	1577	the secretary of health and environment and to: (1) The commissioner of
1578	1578	juvenile justice, in the case of a juvenile offender or a person not
1579	1579	adjudicated because of mental disease or defect, for inclusion in such
1580	1580	offender's or person's medical file; or (2) the secretary of corrections, in
1581	1581	the case of a person under 16 years of age who has been convicted as an
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1625	1625	adult, for inclusion in such person's medical file. The secretary of health
1626	1626	and environment shall provide to each victim of the crime or sexual act, at
1627	1627	the option of such victim, counseling regarding the human
1628	1628	immunodeficiency virus and hepatitis B, testing for HIV or hepatitis B
1629	1629	infection in accordance with K.S.A. 65-6001 et seq., and amendments
1630	1630	thereto, and referral for appropriate health care and services.
1631	1631	(f) The costs of any counseling and testing provided under subsection
1632	1632	(e) by the secretary of health and environment shall be paid from amounts
1633	1633	appropriated to the department of health and environment for that purpose.
1634	1634	The court shall order the adjudicated person to pay restitution to the
1635	1635	department of health and environment for the costs of any counseling
1636	1636	provided under this section and the costs of any test ordered or otherwise
1637	1637	performed under this section. No fee for any counseling or testing
1638	1638	provided pursuant to this section shall be assessed against a juvenile or a
1639	1639	juvenile's parent, guardian or custodian.
1640	1640	(g) When a court orders an adjudicated person to submit to infectious
1641	1641	disease tests under this section, the withdrawal of the blood may be
1642	1642	performed only by: (1) A person licensed to practice medicine and surgery
1643	1643	or a person acting under the supervision of any such licensed person; (2) a
1644	1644	licensed professional nurse or a licensed practical nurse; or (3) a qualified
1645	1645	medical technician. No person authorized by this subsection to withdraw
1646	1646	blood, no person assisting in the performance of infectious disease tests
1647	1647	nor any medical care facility where blood is withdrawn or tested that has
1648	1648	been ordered by the court to withdraw or test blood shall be liable in any
1649	1649	civil or criminal action when the test is performed in a reasonable manner
1650	1650	according to generally accepted medical practices.
1651	1651	(h) The results of tests or reports, or information therein, obtained
1652	1652	under this section shall be confidential and shall not be divulged to any
1653	1653	person not authorized by this section or authorized in writing by the
1654	1654	juvenile to receive the results or information. Any violation of this section
1655	1655	is a class C nonperson misdemeanor.
1656	1656	Sec. 14. K.S.A. 38-2328 is hereby amended to read as follows: 38-
1657	1657	2328. (a) Complaint. (1) The complaint shall be in writing and shall state:
1658	1658	(A) The name, date of birth and residence address of the alleged
1659	1659	juvenile offender, if known;
1660	1660	(B) the name and residence address of the alleged juvenile offender's
1661	1661	parent, if known, and, if no parent can be found, the name and address of
1662	1662	the nearest known relative;
1663	1663	(C) the name and residence address of any persons having custody or
1664	1664	control of the alleged juvenile offender;
1665	1665	(D) plainly and concisely the essential facts constituting the offense
1666	1666	charged and, if the statement is drawn in the language of the statute,
1667	1667	ordinance or resolution alleged to have been violated, it shall be
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1711	1711	considered sufficient; and
1712	1712	(E) for each count, the official or customary citation of the statute,
1713	1713	ordinance or resolution which is alleged to have been violated, but error in
1714	1714	the citation or its omission shall not be grounds for dismissal of the
1715	1715	complaint or for reversal of an adjudication if the error or omission did not
1716	1716	prejudice the juvenile.
1717	1717	(2) The proceedings shall be entitled: "In the matter of
1718	1718	____________, a juvenile."
1719	1719	(3) The complaint shall contain a request that parents be ordered to
1720	1720	pay child support in the event the juvenile is removed from the home.
1721	1721	(4) The precise time of the commission of an offense need not be
1722	1722	stated in the complaint, but it is sufficient if shown to have been within the
1723	1723	statute of limitations, except where the time is an indispensable element of
1724	1724	the offense.
1725	1725	(5)(4) At the time of filing, the prosecuting attorney shall endorse
1726	1726	upon the complaint the names of all known witnesses. The names of other
1727	1727	witnesses that afterward become known to the prosecuting attorney may
1728	1728	be endorsed at such times as the court prescribes by rule or otherwise.
1729	1729	(b) Motions. Motions may be made orally or in writing. The motion
1730	1730	shall state with particularity the grounds for the motion and shall state the
1731	1731	relief or order sought. Motions available in civil and criminal procedure
1732	1732	are available to the parties under this code.
1733	1733	Sec. 15. K.S.A. 38-2331 is hereby amended to read as follows: 38-
1734	1734	2331. (a) The court shall not enter an order removing a juvenile from the
1735	1735	custody of a parent pursuant to this section unless the court first finds that
1736	1736	a detention risk assessment conducted pursuant to K.S.A. 75-7023(d), and
1737	1737	amendments thereto, has assessed the juvenile as detention-eligible or
1738	1738	there are grounds to override the results of a detention risk assessment tool
1739	1739	and the court finds probable cause that:
1740	1740	(1) Community-based alternatives to detention are insufficient to:
1741	1741	(A) Secure the presence of the juvenile at the next hearing as
1742	1742	evidenced by a demonstrable record of recent failures to appear at juvenile
1743	1743	court proceedings and an exhaustion of detention alternatives; or
1744	1744	(B) protect the physical safety of another person or property from
1745	1745	serious threat if the juvenile is not detained; and
1746	1746	(2) The court shall state the basis for each finding in writing.
1747	1747	(b) Community-based alternatives to detention shall include, but not
1748	1748	be limited to:
1749	1749	(1) Release on the youth's promise to appear;
1750	1750	(2) release to a parent, guardian or custodian upon the youth's
1751	1751	assurance to secure such youth's appearance;
1752	1752	(3) release with the imposition of reasonable restrictions on activities,
1753	1753	associations, movements and residence specifically related to securing the
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1797	1797	youth's appearance at the next court hearing;
1798	1798	(4) release to a voluntary community supervision program;
1799	1799	(5) release to a mandatory, court-ordered community supervision
1800	1800	program;
1801	1801	(6) release with mandatory participation in an electronic monitoring
1802	1802	program with minimal restrictions on the youth's movement; or
1803	1803	(7) release with mandatory participation in an electronic monitoring
1804	1804	program allowing the youth to leave home only to attend school, work,
1805	1805	court hearings or other court-approved activities.
1806	1806	(c) No juvenile shall be placed in a juvenile detention center solely
1807	1807	due to:
1808	1808	(1) A lack of supervision alternatives or service options;
1809	1809	(2) a parent avoiding legal responsibility;
1810	1810	(3) a risk of self-harm;
1811	1811	(4) contempt of court;
1812	1812	(5) a violation of a valid court order;
1813	1813	(6) nonpayment of any fines, fees, court costs or restitution; or
1814	1814	(6)(7) technical violations of conditional release unless there is
1815	1815	probable cause that the juvenile poses a significant risk of harm to others
1816	1816	or damage to property or the applicable graduated responses or sanctions
1817	1817	protocol allows such placement.
1818	1818	(d) No person 18 years of age or more shall be placed in a juvenile
1819	1819	detention center.
1820	1820	Sec. 16. K.S.A. 38-2346 is hereby amended to read as follows: 38-
1821	1821	2346. (a) Each director of juvenile intake and assessment services in
1822	1822	collaboration with the county or district attorney shall adopt a policy and
1823	1823	establish guidelines for an immediate intervention process by which a
1824	1824	juvenile may avoid prosecution. The guidelines may include information
1825	1825	on any offenders beyond those enumerated in subsection (b)(1) that shall
1826	1826	be referred to immediate intervention. In addition to juvenile intake and
1827	1827	assessment services adopting policies and guidelines for the immediate
1828	1828	intervention process, the court, the county or district attorney, the director
1829	1829	of the intake and assessment center and other relevant individuals or
1830	1830	organizations, pursuant to a written agreement, shall collaboratively
1831	1831	develop local programs to:
1832	1832	(1) Provide for the direct referral of cases to immediate intervention
1833	1833	programs by the county or district attorney and the intake and assessment
1834	1834	worker.
1835	1835	(2) Allow intake and assessment workers to issue a summons, as
1836	1836	defined in subsection (e) and if juvenile intake and assessment services has
1837	1837	adopted appropriate policies and guidelines, allow law enforcement
1838	1838	officers to issue such a summons.
1839	1839	(3) Allow the intake and assessment centers and other immediate
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1883	1883	intervention program providers to directly purchase services for the
1884	1884	juvenile and the juvenile's family.
1885	1885	(4) Allow intake and assessment workers to direct the release of a
1886	1886	juvenile prior to a detention hearing after the completion of the intake and
1887	1887	assessment process pursuant to K.S.A. 75-7023, and amendments thereto.
1888	1888	(b) (1) A juvenile who goes through the juvenile intake and
1889	1889	assessment process pursuant to K.S.A. 75-7023, and amendments thereto,
1890	1890	shall be offered the opportunity to participate in an immediate intervention
1891	1891	program and avoid prosecution if the juvenile is charged with a
1892	1892	misdemeanor that is not an offense described in article 55 of chapter 21 of
1893	1893	the Kansas Statutes Annotated, and amendments thereto, or a violation of
1894	1894	K.S.A. 21-5507, and amendments thereto, the juvenile has no prior
1895	1895	adjudications, and the offer is made pursuant to the guidelines developed
1896	1896	pursuant to this section. Participation in an immediate intervention
1897	1897	program is not required to be offered to a juvenile who was originally
1898	1898	charged with an offense which, if committed by an adult, would constitute
1899	1899	a felony and, as a result of a plea agreement reached between the juvenile
1900	1900	and prosecuting attorney, the charge has been amended to a misdemeanor.
1901	1901	A juvenile who has participated in an immediate intervention program for
1902	1902	a previous misdemeanor may, but is not required to, be offered
1903	1903	participation in an immediate intervention program.
1904	1904	(2) A juvenile may also participate in an immediate intervention
1905	1905	program if the juvenile is referred for immediate intervention by the
1906	1906	county or district attorney pursuant to subsection (d).
1907	1907	(3) Any juvenile referred to immediate intervention by juvenile intake
1908	1908	and assessment services shall, upon acceptance, work together with court
1909	1909	services, community corrections, juvenile intake and assessment services
1910	1910	or any other entity designated as a part of the written agreement in
1911	1911	subsection (a) to develop an immediate intervention plan. Such plan may
1912	1912	be supervised or unsupervised by any of the aforementioned entities. The
1913	1913	county or district attorneys office shall not be required to supervise
1914	1914	juveniles participating in an immediate intervention program.
1915	1915	(4) The immediate intervention plan shall last no longer than six
1916	1916	months from the date of referral, unless the plan requires the juvenile to
1917	1917	complete an evidence-based mental health or substance abuse program that
1918	1918	extends beyond the six-month period. In such case, the plan may be
1919	1919	extended up to two additional months.
1920	1920	(5) If the juvenile satisfactorily complies with the immediate
1921	1921	intervention plan, such juvenile shall be discharged and the charges
1922	1922	dismissed at the end of the time period specified in paragraph (4).
1923	1923	(6) If the juvenile fails to satisfactorily comply with the immediate
1924	1924	intervention plan, the case shall be referred to a multidisciplinary team for
1925	1925	review. The multidisciplinary team created pursuant to K.S.A. 38-2393,
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1969	1969	and amendments thereto, shall review the immediate intervention plan
1970	1970	within seven days and may revise and extend such plan or terminate the
1971	1971	case as successful. Such plan may be extended for no more than four
1972	1972	additional months.
1973	1973	(7) If the juvenile fails to satisfactorily comply with the revised plan
1974	1974	developed pursuant to paragraph (6), the intake and assessment worker,
1975	1975	court services officer or community corrections officer overseeing the
1976	1976	immediate intervention shall refer the case to the county or district
1977	1977	attorney for consideration.
1978	1978	(c) The parent of a juvenile may be required to be a part of the
1979	1979	immediate intervention program.
1980	1980	(d) For all juveniles that have fewer than two prior adjudications, the
1981	1981	county or district attorney shall review the case upon receipt of a
1982	1982	complaint to determine if the case should be referred for immediate
1983	1983	intervention or whether alternative means of adjudication should be
1984	1984	designated pursuant to K.S.A. 38-2389, and amendments thereto. The
1985	1985	county or district attorney shall consider any recommendation of a juvenile
1986	1986	intake and assessment worker, court services officer or community
1987	1987	corrections officer.
1988	1988	(e) "Summons" means a written order issued by an intake and
1989	1989	assessment worker or a law enforcement officer directing that a juvenile
1990	1990	appear before a designated court at a stated time and place to answer a
1991	1991	pending charge.
1992	1992	(f) A juvenile who is eligible for an immediate intervention shall not
1993	1993	be denied participation in such a program or terminated unsuccessfully due
1994	1994	to an inability to pay fees or other associated costs. Fees assessed from
1995	1995	such a program shall be retained by the program and shall not be used for
1996	1996	any purpose, except development and operation of the program.No fees or
1997	1997	costs shall be imposed on a juvenile or a juvenile's parent, guardian or
1998	1998	custodian for participation in an immediate intervention program. A
1999	1999	juvenile who is otherwise eligible to participate in an immediate
2000	2000	intervention program shall not be denied access to such program due to
2001	2001	unpaid fees or costs.
2002	2002	(g) If a juvenile substantially complies with an immediate
2003	2003	intervention program, charges in such juvenile's case shall not be filed.
2004	2004	(h) The policies and guidelines developed pursuant to subsection (a)
2005	2005	shall adhere to standards and procedures for immediate intervention
2006	2006	developed by the department of corrections pursuant to K.S.A. 38-2395,
2007	2007	and amendments thereto, and be based on best practices.
2008	2008	(i) Nothing in this section shall require a juvenile to participate in an
2009	2009	immediate intervention program when the county or district attorney has
2010	2010	declined to continue with prosecution of an alleged offense.
2011	2011	Sec. 17. K.S.A. 38-2348 is hereby amended to read as follows: 38-
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2055	2055	2348. (a) (1) For the purpose of this section, a person charged as a juvenile
2056	2056	is incompetent for adjudication as a juvenile offender if, because of mental
2057	2057	illness or defect, such person is unable to:
2058	2058	(1)(A) Understand the nature and purpose of the proceedings; or
2059	2059	(2)(B) make or assist in making a defense.
2060	2060	(2) Whenever the words "competent," "competency," "incompetent"
2061	2061	and "incompetency" are used without qualification in this code, such
2062	2062	words shall refer to the standard for incompetency described in this
2063	2063	subsection.
2064	2064	(b) (1) If at any time after such person has been charged as a juvenile
2065	2065	there is reason to believe that the juvenile is incompetent for adjudication
2066	2066	as a juvenile offender, the proceedings shall be suspended and the court
2067	2067	before whom the case is pending shall conduct a hearing to determine the
2068	2068	competency of the juvenile. Such a hearing may be held upon the motion
2069	2069	of the juvenile's attorney or the prosecuting attorney, or upon the court's
2070	2070	own motion.
2071	2071	(2) The court shall determine the issue of competency. To facilitate in
2072	2072	this determination, the court may: (A) Appoint a licensed psychiatrist or
2073	2073	psychologist to examine the juvenile; or (B) designate a private or public
2074	2074	mental health facility to conduct a psychiatric or psychological
2075	2075	examination and report to the court. If the examining psychiatrist,
2076	2076	psychologist or private or public mental health facility determines that
2077	2077	further examination is necessary, the court may commit the juvenile for not
2078	2078	more than 60 days to any appropriate public or private institution for
2079	2079	examination and report to the court. For good cause shown, the
2080	2080	commitment may be extended for another 60 days. No statement made by
2081	2081	the juvenile in the course of any examination provided for by this section,
2082	2082	whether the examination is with or without the consent of the juvenile,
2083	2083	shall be admitted in evidence against the juvenile in any hearing.
2084	2084	(3) Unless the court finds the attendance of the juvenile would be
2085	2085	injurious to the juvenile's health, the juvenile shall be present personally at
2086	2086	all proceedings under this section.
2087	2087	(c) If the juvenile is found to be competent, the proceedings which
2088	2088	have been suspended shall be resumed.
2089	2089	(d) If the juvenile is found to be incompetent, the juvenile shall
2090	2090	remain subject to the jurisdiction of the court and shall be committed for
2091	2091	evaluation and treatment pursuant to K.S.A. 38-2349 and 38-2350, and
2092	2092	amendments thereto. One or both parents of the juvenile may be ordered to
2093	2093	pay child support pursuant to the Kansas child support guidelines. Upon
2094	2094	application of the juvenile and in the discretion of the court, the juvenile
2095	2095	may be released to any appropriate private institution upon terms and
2096	2096	conditions prescribed by the court.
2097	2097	(e) If at any time after proceedings have been suspended under this
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2141	2141	section, there are reasonable grounds to believe that a juvenile who has
2142	2142	been adjudged incompetent is now competent, the court in which the case
2143	2143	is pending shall conduct a hearing to determine the juvenile's present
2144	2144	mental condition. Reasonable notice of the hearings shall be given to the
2145	2145	prosecuting attorney, the juvenile and the juvenile's attorney of record, if
2146	2146	any. If the court, following the hearing, finds the juvenile to be competent,
2147	2147	the pending proceedings shall be resumed.
2148	2148	Sec. 18. K.S.A. 38-2360 is hereby amended to read as follows: 38-
2149	2149	2360. (a) At any time after the juvenile has been adjudicated to be a
2150	2150	juvenile offender, the court shall order one or more of the tools described
2151	2151	in this subsection to be submitted to assist the court unless the court finds
2152	2152	that adequate and current information from a risk and needs assessment is
2153	2153	available from a previous investigation, report or other sources:
2154	2154	(1) An evaluation and written report by a mental health or a qualified
2155	2155	professional stating the psychological or emotional development or needs
2156	2156	of the juvenile. The court also may order a report from any mental health
2157	2157	or qualified professional who has previously evaluated the juvenile stating
2158	2158	the psychological or emotional development needs of the juvenile. If the
2159	2159	court orders an evaluation as provided in this section, a parent of the
2160	2160	juvenile shall have the right to obtain an independent evaluation at the
2161	2161	expense of no cost to the parent. If the evaluation indicates that the
2162	2162	juvenile requires acute inpatient mental health or substance abuse
2163	2163	treatment, the court shall have the authority to compel an assessment by
2164	2164	the secretary for aging and disability services. The court may use the
2165	2165	results to inform a treatment and payment plan according to the same
2166	2166	eligibility process used for non-court-involved youth. No juvenile or
2167	2167	juvenile's parent, guardian or custodian shall be required to pay for
2168	2168	treatment ordered by the court pursuant to this section.
2169	2169	(2) A report of the medical condition and needs of the juvenile. The
2170	2170	court also may order a report from any physician who has been attending
2171	2171	the juvenile, stating the diagnosis, condition and treatment afforded the
2172	2172	juvenile.
2173	2173	(3) An educational needs assessment of the juvenile from the chief
2174	2174	administrative officer of the school which the juvenile attends or attended
2175	2175	to provide to the court information that is readily available which the
2176	2176	school officials feel would properly indicate the educational needs of the
2177	2177	juvenile. The educational needs assessment may include a meeting
2178	2178	involving any of the following: (A) The juvenile's parents; (B) the
2179	2179	juvenile's teacher or teachers; (C) the school psychologist; (D) a school
2180	2180	special services representative; (E) a representative of the commissioner;
2181	2181	(F) the juvenile's court appointed special advocate; (G) the juvenile's foster
2182	2182	parents or legal guardian; and (H) other persons that the chief
2183	2183	administrative officer of the school, or the officer's designee, deems
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2227	2227	appropriate.
2228	2228	(4) Any other presentence investigation and report from a court
2229	2229	services officer which includes: (A) The circumstances of the offense; (B)
2230	2230	the attitude of the complainant, victim or the victim's family; (C) the
2231	2231	record of juvenile offenses; (D) the social history of the juvenile; and (E)
2232	2232	the present condition of the juvenile. Except where specifically prohibited
2233	2233	by law, all local governmental public and private educational institutions
2234	2234	and state agencies shall furnish to the officer conducting the
2235	2235	predispositional investigation the records the officer requests.
2236	2236	Predispositional investigations shall contain other information prescribed
2237	2237	by the court.
2238	2238	(5) The court in its discretion may direct that the parents submit a
2239	2239	domestic relations affidavit.
2240	2240	(b) A summary of the results from a risk and needs assessment shall
2241	2241	be provided to the court post-adjudication, predisposition and used to
2242	2242	inform supervision levels. A single, uniform risk and needs assessment
2243	2243	shall be adopted by the office of judicial administration and the department
2244	2244	of corrections to be used in all judicial districts. The office of judicial
2245	2245	administration and the secretary of corrections shall establish cutoff scores
2246	2246	determining risk levels of juveniles. Training on such risk and needs
2247	2247	assessment shall be required for all administrators of the assessment. Data
2248	2248	shall be collected on the results of the assessment to inform a validation
2249	2249	study on the Kansas juvenile justice population to be conducted by June
2250	2250	30, 2020.
2251	2251	(c) Expenses and fees for post adjudication post-adjudication tools
2252	2252	may be waived or, including the fees described in subsections (a)(1)
2253	2253	through (a)(4), shall not be assessed pursuant to K.S.A. 38-2314(c)(2), and
2254	2254	amendments thereto against a juvenile or a juvenile's parent, guardian or
2255	2255	custodian.
2256	2256	(d) Except as otherwise prohibited by law or policy, the court shall
2257	2257	make any of the reports ordered pursuant to subsection (a) available to the
2258	2258	attorneys and shall allow the attorneys a reasonable time to review the
2259	2259	report before ordering the sentencing of the juvenile offender.
2260	2260	(e) At any time prior to sentencing, the judge, at the request of a
2261	2261	party, shall hear additional evidence as to proposals for reasonable and
2262	2262	appropriate sentencing of the case.
2263	2263	(f) If a juvenile is being held in detention, a dispositional hearing to
2264	2264	sentence the juvenile offender shall take place within 45 days after such
2265	2265	juvenile offender has been adjudicated.
2266	2266	Sec. 19. K.S.A. 38-2361 is hereby amended to read as follows: 38-
2267	2267	2361. (a) Upon adjudication as a juvenile offender pursuant to K.S.A. 38-
2268	2268	2356, and amendments thereto, modification of sentence pursuant to
2269	2269	K.S.A. 38-2367, and amendments thereto, or violation of a condition of
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2313	2313	sentence pursuant to K.S.A. 38-2368, and amendments thereto, the court
2314	2314	may impose one or more of the following sentencing alternatives for a
2315	2315	fixed period pursuant to K.S.A. 38-2369 and 38-2391, and amendments
2316	2316	thereto.
2317	2317	(1) Place the juvenile on probation for a fixed period pursuant to
2318	2318	K.S.A. 38-2391, and amendments thereto, subject to terms and conditions
2319	2319	the court deems appropriate consistent with juvenile justice programs in
2320	2320	the community. Any juvenile placed on probation shall be supervised
2321	2321	according to the juvenile's risk and needs as determined by a risk and
2322	2322	needs assessment. Placement of juvenile offenders to community
2323	2323	corrections for probation supervision shall be limited to offenders
2324	2324	adjudicated for an offense that are determined to be moderate-risk, high-
2325	2325	risk or very high-risk on a risk and needs assessment using the cutoff
2326	2326	scores established by the secretary pursuant to K.S.A. 38-2360, and
2327	2327	amendments thereto.
2328	2328	(2) Order the juvenile to participate in a community based program
2329	2329	available in such judicial district subject to the terms and conditions the
2330	2330	court deems appropriate. No financial terms or conditions, including, but
2331	2331	not limited to, payment of any costs or fees, shall be placed on the juvenile
2332	2332	or the juvenile's parent, guardian or custodian for participation in such
2333	2333	program. This alternative shall not be ordered with the alternative in
2334	2334	paragraph (11) (9). Requirements pertaining to child support may apply if
2335	2335	custody is vested with other than a parent.
2336	2336	(3) Place the juvenile in the custody of a parent or other suitable
2337	2337	person, which is not a group home or other facility licensed pursuant to
2338	2338	article 5 of chapter 65 of the Kansas Statutes Annotated, and amendments
2339	2339	thereto, subject to terms and conditions consistent with juvenile justice
2340	2340	programs in the community. No financial terms or conditions, including,
2341	2341	but not limited to, payment of any costs or fees, shall be placed on the
2342	2342	juvenile or the juvenile's parent, guardian or custodian. This alternative
2343	2343	shall not be ordered with the alternative in paragraph (11) (9).
2344	2344	Requirements pertaining to child support may apply if custody is vested
2345	2345	with other than a parent.
2346	2346	(4) Order the juvenile to attend counseling, educational, mediation or
2347	2347	other sessions, or to undergo a drug evaluation pursuant to subsection (b).
2348	2348	(5) Suspend or restrict the juvenile's driver's license or privilege to
2349	2349	operate a motor vehicle on the streets and highways of this state pursuant
2350	2350	to subsection (c).
2351	2351	(6) Order the juvenile to perform charitable or community service
2352	2352	work.
2353	2353	(7) Order the juvenile to make appropriate reparation or restitution
2354	2354	pursuant to subsection (d).
2355	2355	(8) Order the juvenile to pay a fine not exceeding $1,000 pursuant to
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2399	2399	subsection (e).
2400	2400	(9) Place the juvenile under a house arrest program administered by
2401	2401	the court pursuant to K.S.A. 21-6609, and amendments thereto, except that
2402	2402	K.S.A. 21-6609(g), and amendments thereto, shall not apply. The juvenile
2403	2403	and the juvenile's parent, guardian or custodian shall not be required to
2404	2404	pay any costs or fees associated with house arrest, electronic monitoring
2405	2405	or remote alcohol monitoring.
2406	2406	(10) Place the juvenile in the custody of the secretary of corrections
2407	2407	as provided in K.S.A. 38-2365, and amendments thereto. This alternative
2408	2408	shall not be ordered with the alternative in paragraph (3) or (12). Except
2409	2409	for mandatory drug and alcohol evaluation, when this alternative is
2410	2410	ordered with alternatives in paragraphs (2), (4) and (9), such orders shall
2411	2411	constitute a recommendation by the court. Requirements pertaining to
2412	2412	child support shall apply under this alternative. The provisions of this
2413	2413	paragraph shall expire on January 1, 2018.
2414	2414	(11)(9) Upon a violation of a condition of sentence, other than a
2415	2415	technical violation pursuant to K.S.A. 38-2368, and amendments thereto,
2416	2416	commit the juvenile to detention for a period no longer than 30 days
2417	2417	subject to the provisions of subsection (g).
2418	2418	(12)(10) If the judge finds and enters into the written record that the
2419	2419	juvenile poses a significant risk of harm to another or damage to property,
2420	2420	and the juvenile is otherwise eligible for commitment pursuant to K.S.A.
2421	2421	38-2369, and amendments thereto, commit the juvenile directly to the
2422	2422	custody of the secretary of corrections for placement in a juvenile
2423	2423	correctional facility or a youth residential facility. Placement in a youth
2424	2424	residential facility shall only be permitted as authorized in K.S.A. 38-
2425	2425	2369(e), and amendments thereto. If the court elects, a period of
2426	2426	conditional release pursuant to K.S.A. 38-2369, and amendments thereto,
2427	2427	may also be ordered. The period of conditional release shall be limited to a
2428	2428	maximum of six months and shall be subject to graduated responses.
2429	2429	Twenty-one days prior to the juvenile's release from a juvenile correctional
2430	2430	facility, the secretary of corrections or designee shall notify the court of the
2431	2431	juvenile's anticipated release date. This alternative may be ordered with the
2432	2432	alternative in paragraph (7). Requirements pertaining to child support shall
2433	2433	apply under this alternative.
2434	2434	(13)(11) Upon a finding by the trier of fact during adjudication that a
2435	2435	firearm was used in the commission of an offense by the accused which, if
2436	2436	committed by an adult, would constitute a felony, a judge may commit the
2437	2437	juvenile directly to the custody of the secretary of corrections for
2438	2438	placement in a juvenile correctional facility or youth residential facility for
2439	2439	a minimum term of six months and up to a maximum term of 18 months,
2440	2440	regardless of the risk level of such juvenile as determined by a risk and
2441	2441	needs assessment. If the juvenile is committed to the custody of the
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2485	2485	secretary, and the court elects, a period of conditional release, pursuant to
2486	2486	K.S.A. 38-2369, and amendments thereto, may also be ordered. The period
2487	2487	of conditional release shall be limited to a maximum of six months and
2488	2488	shall be subject to graduated responses. Twenty-one days prior to the
2489	2489	juvenile's release from a juvenile correctional facility or youth residential
2490	2490	facility, the secretary of corrections or the secretary's designee shall notify
2491	2491	the court of the juvenile's anticipated release date.
2492	2492	(b) If the court orders the juvenile to attend counseling, educational,
2493	2493	mediation or other sessions, or to undergo a drug and alcohol evaluation
2494	2494	pursuant to subsection (a)(4), the following provisions apply:
2495	2495	(1) The court may order the juvenile offender to participate in
2496	2496	counseling or mediation sessions or a program of education, including
2497	2497	placement in an alternative educational program approved by a local
2498	2498	school board. The costs of any counseling or mediation may shall not be
2499	2499	assessed as expenses in the case. No mental health center shall charge a fee
2500	2500	for court-ordered counseling greater than what the center would have
2501	2501	charged the person receiving the counseling if the person had requested
2502	2502	counseling on the person's own initiative. No mediator shall charge a fee
2503	2503	for court-ordered mediation greater than what the mediator would have
2504	2504	charged the person participating in the mediation if the person had
2505	2505	requested mediation on the person's own initiative. Mediation may include
2506	2506	the victim but shall not be mandatory for the victim; and
2507	2507	(2) if the juvenile has been adjudicated to be a juvenile by reason of a
2508	2508	violation of a statute that makes such a requirement, the court shall order
2509	2509	and, if adjudicated for any other offense, the court may order the juvenile
2510	2510	to submit to and complete a drug and alcohol evaluation by a community-
2511	2511	based drug and alcohol safety action program certified pursuant to K.S.A.
2512	2512	8-1008, and amendments thereto, and to pay a fee not to exceed the fee
2513	2513	established by that statute for such evaluation. The court may waive the
2514	2514	mandatory evaluation if the court finds that the juvenile completed a drug
2515	2515	and alcohol evaluation, approved by the community-based alcohol and
2516	2516	drug safety action program, within 12 months before sentencing. If the
2517	2517	evaluation occurred more than 12 months before sentencing, the court
2518	2518	shall order the juvenile to resubmit to and complete the evaluation and
2519	2519	program as provided herein. If the court finds that the juvenile and those
2520	2520	legally liable for the juvenile's support are indigent, the court may waive
2521	2521	the fee. In no event shall The fee shall not be assessed against the secretary
2522	2522	of corrections or the department of corrections nor shall the fee be
2523	2523	assessed against the secretary of the department for children and families
2524	2524	or the Kansas department for children and families if the juvenile is in the
2525	2525	secretary's care, custody and control. The court shall not assess any fee for
2526	2526	the evaluation or program, including, but not limited to, any ongoing
2527	2527	required drug or alcohol testing, against the juvenile or the juvenile's
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2571	2571	parent, guardian or custodian.
2572	2572	(c) If the court orders suspension or restriction of a juvenile offender's
2573	2573	driver's license or privilege to operate a motor vehicle on the streets and
2574	2574	highways of this state pursuant to subsection (a)(5), the following
2575	2575	provisions apply:
2576	2576	(1) The duration of the suspension ordered by the court shall be for a
2577	2577	definite time period to be determined by the court. Upon suspension of a
2578	2578	license pursuant to this subsection, the court shall require the juvenile
2579	2579	offender to surrender the license to the court. The court shall transmit the
2580	2580	license to the division of motor vehicles of the department of revenue, to
2581	2581	be retained until the period of suspension expires. At that time, the licensee
2582	2582	may apply to the division for return of the license. If the license has
2583	2583	expired, the juvenile offender may apply for a new license, which shall be
2584	2584	issued promptly upon payment of the proper fee and satisfaction of other
2585	2585	conditions established by law for obtaining a license unless another
2586	2586	suspension or revocation of the juvenile offender's privilege to operate a
2587	2587	motor vehicle is in effect. As used in this subsection, "highway" and
2588	2588	"street" have the meanings provided by mean the same as defined in
2589	2589	K.S.A. 8-1424 and 8-1473, and amendments thereto. Any juvenile
2590	2590	offender who does not have a driver's license may have driving privileges
2591	2591	revoked. No Kansas driver's license shall be issued to a juvenile offender
2592	2592	whose driving privileges have been revoked pursuant to this section for a
2593	2593	definite time period to be determined by the court; and
2594	2594	(2) in lieu of suspending a juvenile offender's driver's license or
2595	2595	privilege to operate a motor vehicle on the highways of this state, the court
2596	2596	may enter an order which places conditions on the juvenile offender's
2597	2597	privilege of operating a motor vehicle on the streets and highways of this
2598	2598	state, a certified copy of which the juvenile offender shall be required to
2599	2599	carry any time the juvenile offender is operating a motor vehicle on the
2600	2600	streets and highways of this state. The order shall prescribe a definite time
2601	2601	period for the conditions imposed. Upon entering an order restricting a
2602	2602	juvenile offender's license, the court shall require the juvenile offender to
2603	2603	surrender such juvenile offender's license to the court. The court shall
2604	2604	transmit the license to the division of vehicles, together with a copy of the
2605	2605	order. Upon receipt thereof, the division of vehicles shall issue without
2606	2606	charge a driver's license which shall indicate on its face that conditions
2607	2607	have been imposed on the juvenile offender's privilege of operating a
2608	2608	motor vehicle and that a certified copy of the order imposing the
2609	2609	conditions is required to be carried by the juvenile offender when
2610	2610	operating a motor vehicle on the streets and highways of this state. If the
2611	2611	juvenile offender is a nonresident, the court shall cause a copy of the order
2612	2612	to be transmitted to the division and the division shall forward a copy of it
2613	2613	to the motor vehicle administrator of the juvenile offender's state of
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2657	2657	issuance. The court shall furnish to any juvenile offender whose driver's
2658	2658	license has had conditions imposed on it under this section a copy of the
2659	2659	order, which shall be recognized as a valid Kansas driver's license until the
2660	2660	division issues the restricted license provided for in this subsection. Upon
2661	2661	expiration of the period of time for which conditions are imposed pursuant
2662	2662	to this subsection, the juvenile offender may apply to the division for the
2663	2663	return of the license previously surrendered by the juvenile offender. In the
2664	2664	event the license has expired, the juvenile offender may apply to the
2665	2665	division for a new license, which shall be issued immediately by the
2666	2666	division upon payment of the proper fee and satisfaction of the other
2667	2667	conditions established by law unless such juvenile offender's privilege to
2668	2668	operate a motor vehicle on the streets and highways of this state has been
2669	2669	suspended or revoked prior thereto. If any juvenile offender violates any of
2670	2670	the conditions imposed under this subsection, the juvenile offender's
2671	2671	driver's license or privilege to operate a motor vehicle on the streets and
2672	2672	highways of this state shall be revoked for a period as determined by the
2673	2673	court in which the juvenile offender is convicted of violating such
2674	2674	conditions.
2675	2675	(d) The following provisions apply to the court's determination of
2676	2676	whether to order reparation or restitution pursuant to subsection (a)(7):
2677	2677	(1) The court shall order the juvenile to make reparation or restitution
2678	2678	to the aggrieved party for the damage or loss caused by the juvenile
2679	2679	offender's offense unless it finds compelling circumstances that would
2680	2680	render a plan of reparation or restitution unworkable. If the court finds
2681	2681	compelling circumstances that would render a plan of reparation or
2682	2682	restitution unworkable, the court shall enter such findings with
2683	2683	particularity on the record. In lieu of reparation or restitution, the court
2684	2684	may order the juvenile to perform charitable or social service for
2685	2685	organizations performing services for the community; and
2686	2686	(2) restitution may include, but shall not be limited to, the amount of
2687	2687	damage or loss caused by the juvenile's offense. Restitution may be made
2688	2688	by payment of an amount fixed by the court or by working for the parties
2689	2689	sustaining loss in the manner ordered by the court. An order of monetary
2690	2690	restitution shall be a judgment against the juvenile that may be collected
2691	2691	by the court by garnishment or other execution as on judgments in civil
2692	2692	cases. Such judgment shall not be affected by the termination of the court's
2693	2693	jurisdiction over the juvenile offender.
2694	2694	(e) If the court imposes a fine pursuant to subsection (a)(8), the
2695	2695	following provisions apply:
2696	2696	(1) The amount of the fine may not exceed $1,000 for each offense.
2697	2697	The amount of the fine should be related to the seriousness of the offense
2698	2698	and the juvenile's ability to pay. Payment of a fine may be required in a
2699	2699	lump sum or installments;
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2743	2743	(2) in determining whether to impose a fine and the amount to be
2744	2744	imposed, the court shall consider that imposition of a fine is most
2745	2745	appropriate in cases where the juvenile has derived pecuniary gain from
2746	2746	the offense and that imposition of a restitution order is preferable to
2747	2747	imposition of a fine; and
2748	2748	(3) any fine imposed by court shall be a judgment against the juvenile
2749	2749	that may be collected by the court by garnishment or other execution as on
2750	2750	judgments in civil cases. Such judgment shall not be affected by the
2751	2751	termination of the court's jurisdiction over the juvenile.
2752	2752	(f) Before the court sentences a juvenile offender pursuant to
2753	2753	subsection (a), the court shall administer a risk assessment tool, as
2754	2754	described in K.S.A. 38-2360, and amendments thereto, or review a risk
2755	2755	assessment tool that was administered within the past six months to the
2756	2756	juvenile and use the results of that assessment to inform orders made
2757	2757	pursuant to K.S.A. 38-2369 and 38-2391, and amendments thereto.
2758	2758	(g)(f) If the court commits the juvenile to detention pursuant to
2759	2759	subsection (a)(11) (a)(9), the following provisions shall apply:
2760	2760	(1) The court shall only order commitment to detention upon
2761	2761	violation of sentencing conditions where all other alternatives have been
2762	2762	exhausted. The court shall not order commitment to detention for
2763	2763	nonpayment of any fine, fee, cost or restitution, including in cases where
2764	2764	nonpayment constitutes a violation of sentencing conditions.
2765	2765	(2) In order to commit a juvenile to detention upon violation of
2766	2766	sentencing conditions, the court shall find that the juvenile poses a
2767	2767	significant risk of harm to another or damage to property, is charged with a
2768	2768	new felony offense, or violates conditional release. No such finding shall
2769	2769	be based in whole or in part on:
2770	2770	(A) Nonpayment of fines, fees, costs or other financial obligations by
2771	2771	the juvenile or the juvenile's parent, guardian or custodian; or
2772	2772	(B) a juvenile's noncompliance with any sentencing condition that
2773	2773	would require a juvenile or a juvenile's parent, guardian or custodian to
2774	2774	pay money in order to comply.
2775	2775	(3) The court shall not order commitment to detention upon
2776	2776	adjudication as a juvenile offender pursuant to K.S.A. 38-2356, and
2777	2777	amendments thereto, for solely technical violations of probation, contempt,
2778	2778	a violation of a valid court order, to protect from self-harm or due to any
2779	2779	state or county failure to find adequate alternatives.
2780	2780	(4) Cumulative detention use shall be limited to a maximum of 45
2781	2781	days over the course of a juvenile offender's case pursuant to K.S.A. 38-
2782	2782	2391, and amendments thereto. The court shall review any detention
2783	2783	commitment every seven days and may shorten the initial commitment or
2784	2784	extend the commitment. In no case, however, may the term of detention or
2785	2785	any extension thereof exceed the cumulative detention limit of 45 days or
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2828	2828	43 HB 2568 34
2829	2829	the overall case length limit.
2830	2830	(5) A juvenile over 18 years of age and less than 23 years of age at
2831	2831	sentencing shall be committed to a county jail, in lieu of a juvenile
2832	2832	detention center, under the same time restrictions imposed by paragraph
2833	2833	(1), but shall not be committed to or confined in a juvenile detention
2834	2834	facility.
2835	2835	(h)(g) Any order issued by the judge pursuant to this section shall be
2836	2836	in effect immediately upon entry into the court's minutes.
2837	2837	(i)(h) In addition to the requirements of K.S.A. 38-2373, and
2838	2838	amendments thereto, if a person is under 18 years of age and convicted of
2839	2839	a felony or adjudicated as a juvenile offender for an offense if committed
2840	2840	by an adult would constitute the commission of a felony, the court shall
2841	2841	forward a signed copy of the journal entry to the secretary of corrections
2842	2842	within 30 days of final disposition.
2843	2843	(j)(i) Except as further provided, if a juvenile has been adjudged to be
2844	2844	a juvenile offender for an offense which, if committed by an adult would
2845	2845	constitute the commission of: (1) Aggravated human trafficking, as defined
2846	2846	in K.S.A. 21-5426(b), and amendments thereto, if the victim is less than 14
2847	2847	years of age; (2) rape, as defined in K.S.A. 21-5503(a)(3), and
2848	2848	amendments thereto; (3) aggravated indecent liberties with a child, as
2849	2849	defined in K.S.A. 21-5506(b)(3), and amendments thereto; (4) aggravated
2850	2850	criminal sodomy, as defined in K.S.A. 21-5504(b)(1) or (b)(2), and
2851	2851	amendments thereto; (5) commercial sexual exploitation of a child, as
2852	2852	defined in K.S.A. 21-6422, and amendments thereto, if the victim is less
2853	2853	than 14 years of age; (6) sexual exploitation of a child, as defined in
2854	2854	K.S.A. 21-5510(a)(1) or (a)(4), and amendments thereto, if the victim is
2855	2855	less than 14 years of age; or (7) an attempt, conspiracy or criminal
2856	2856	solicitation, as defined in K.S.A. 21-5301, 21-5302 or 21-5303, and
2857	2857	amendments thereto, of an offense defined in paragraphs (1) through (6);
2858	2858	the court shall issue an order prohibiting the juvenile from attending the
2859	2859	attendance center that the victim of the offense attends. If only one
2860	2860	attendance center exists, for which the victim and juvenile are eligible to
2861	2861	attend, in the school district where the victim and the juvenile reside, the
2862	2862	court shall hear testimony and take evidence from the victim, the juvenile,
2863	2863	their families and a representative of the school district as to why the
2864	2864	juvenile should or should not be allowed to remain at the attendance center
2865	2865	attended by the victim. After such hearing, the court may issue an order
2866	2866	prohibiting the juvenile from attending the attendance center that the
2867	2867	victim of the offense attends.
2868	2868	(k)(j) The court may order a short-term alternative placement of a
2869	2869	juvenile pursuant to subsection (a)(3) in an emergency shelter, therapeutic
2870	2870	foster home or community integration program if:
2871	2871	(1) Such juvenile has been adjudicated to be a juvenile offender for
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2914	2914	43 HB 2568 35
2915	2915	an offense which, if committed by an adult would constitute the
2916	2916	commission of:
2917	2917	(A) Aggravated human trafficking, as defined in K.S.A. 21-5426(b),
2918	2918	and amendments thereto, if the victim is less than 14 years of age;
2919	2919	(B) rape, as defined in K.S.A. 21-5503, and amendments thereto;
2920	2920	(C) commercial sexual exploitation of a child, as defined in K.S.A.
2921	2921	21-6422, and amendments thereto, if the victim is less than 14 years of
2922	2922	age;
2923	2923	(D) sexual exploitation of a child, as defined in K.S.A. 21-5510(a)(1)
2924	2924	or (a)(4), and amendments thereto, if the victim is less than 14 years of
2925	2925	age;
2926	2926	(E) aggravated indecent liberties with a child, as defined in K.S.A.
2927	2927	21-5506, and amendments thereto, if the victim is less than 14 years of
2928	2928	age; or
2929	2929	(F) an attempt, conspiracy or criminal solicitation, as defined in
2930	2930	K.S.A. 21-5301, 21-5302 or 21-5303, and amendments thereto, of an
2931	2931	offense defined in paragraphs (1) through (4); and
2932	2932	(2) (A) the victim resides in the same home as the juvenile offender;
2933	2933	(B) a community supervision officer in consultation with the
2934	2934	department for children and families determines that an adequate safety
2935	2935	plan, which shall include the physical and psychological well-being of the
2936	2936	victim, cannot be developed to keep the juvenile in the same home; and
2937	2937	(C) there are no relevant child in need of care issues that would
2938	2938	permit a case to be filed under the Kansas code for care of children.
2939	2939	The presumptive term of commitment shall not extend beyond the
2940	2940	overall case length limit but may be modified pursuant to K.S.A. 38-2367
2941	2941	and 38-2397, and amendments thereto. If a child is placed outside the
2942	2942	child's home at the dispositional hearing pursuant to this subsection and no
2943	2943	reintegration plan is made a part of the record of the hearing, a written
2944	2944	reintegration plan shall be prepared pursuant to K.S.A. 38-2397, and
2945	2945	amendments thereto, and submitted to the court within 15 days of the
2946	2946	initial order of the court.
2947	2947	(l)(k) The sentencing hearing shall be open to the public as provided
2948	2948	in K.S.A. 38-2353, and amendments thereto.
2949	2949	(m)(l) The overall case length limit shall be calculated by the court
2950	2950	and entered into the written record when one or more of the sentencing
2951	2951	options under this section are imposed. The period fixed by the court
2952	2952	pursuant to subsection (a) shall not extend beyond the overall case length
2953	2953	limit.
2954	2954	Sec. 20. K.S.A. 38-2362 is hereby amended to read as follows: 38-
2955	2955	2362. (a) When sentencing a juvenile offender, the court may order a
2956	2956	juvenile offender's parent to participate in any evidence-based program
2957	2957	designed to rehabilitate the juvenile, including, but not limited to: (1)
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2997	2997	40
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3000	3000	43 HB 2568 36
3001	3001	Counseling, mediation sessions or an alcohol and drug evaluation and
3002	3002	treatment program ordered as part of the juvenile offender's sentence under
3003	3003	K.S.A. 38-2361, and amendments thereto; or (2) parenting classes.
3004	3004	(1) Upon entering an order requiring a juvenile offender's parent to
3005	3005	attend counseling sessions or mediation, the court shall give the parent
3006	3006	notice of the order. The notice shall inform the parent of the parent's right
3007	3007	to request a hearing within 14 days after entry of the order and the parent's
3008	3008	right to employ an attorney to represent the parent at the hearing or, if the
3009	3009	parent is financially unable to employ an attorney, the parent's right to
3010	3010	request the court to appoint an attorney to represent the parent.
3011	3011	(2) If the parent does not request a hearing within 14 days after entry
3012	3012	of the order, the order shall take effect at that time.
3013	3013	(3) If the parent requests a hearing, the court shall set the matter for
3014	3014	hearing and, if requested, shall appoint an attorney to represent the parent.
3015	3015	The expense and fees of the appointed attorney may be allowed and
3016	3016	assessed as provided by K.S.A. 38-2306, and amendments thereto.
3017	3017	(b) In addition to any other orders provided for by this section, The
3018	3018	parent of a juvenile offender may shall not be held responsible for the
3019	3019	costs of sanctions, including, but not limited to, the cost of a house arrest
3020	3020	program, any evidence-based program ordered under subsection (a), any
3021	3021	parenting class ordered under subsection (a) or the support of the juvenile
3022	3022	offender as follows:
3023	3023	(1) The board of county commissioners of a county may provide by
3024	3024	resolution that the parent of any juvenile offender placed under a house
3025	3025	arrest program pursuant to subsection (a)(9) of K.S.A. 38-2361, and
3026	3026	amendments thereto, shall be required to pay to the county the cost of such
3027	3027	house arrest program. The board of county commissioners shall prepare a
3028	3028	sliding financial scale based on the ability of the parent to pay for such a
3029	3029	program.
3030	3030	(2) If child support has been requested and a parent has a duty to
3031	3031	support the juvenile offender, the court may order, and when custody is
3032	3032	placed with the commissioner shall order, one or both parents to pay child
3033	3033	support. The court shall determine, for each parent separately, whether the
3034	3034	parent already is subject to an order to pay support for the juvenile. If the
3035	3035	parent currently is not ordered to pay support for the juvenile and the court
3036	3036	has personal jurisdiction over the parent, the court shall order the parent to
3037	3037	pay child support in an amount determined under K.S.A. 38-2319, and
3038	3038	amendments thereto. Except for good cause shown, the court shall issue an
3039	3039	immediate income withholding order pursuant to K.S.A. 23-3101 et seq.,
3040	3040	and amendments thereto, for each parent ordered to pay support under this
3041	3041	subsection, regardless of whether a payor has been identified for the
3042	3042	parent. A parent ordered to pay child support under this subsection shall be
3043	3043	notified, at the hearing or otherwise, that the child support order may be
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3045	3045	2
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3086	3086	43 HB 2568 37
3087	3087	registered pursuant to K.S.A. 38-2321, and amendments thereto. The
3088	3088	parent also shall be informed that, after registration, the income
3089	3089	withholding order may be served on the parent's employer without further
3090	3090	notice to the parent and the child support order may be enforced by any
3091	3091	method allowed by law. Failure to provide this notice shall not affect the
3092	3092	validity of the child support order when placed out of the home.
3093	3093	Sec. 21. K.S.A. 38-2369 is hereby amended to read as follows: 38-
3094	3094	2369. (a) Except as provided in subsection (e) and K.S.A. 38-2361(a)(13)
3095	3095	(a)(11), for the purpose of committing juvenile offenders to a juvenile
3096	3096	correctional facility, upon a finding by the judge entered into the written
3097	3097	order that the juvenile poses a significant risk of harm to another or
3098	3098	damage to property, the following placements shall be applied by the judge
3099	3099	in the cases specified in this subsection. If used, the court shall establish a
3100	3100	specific term of commitment as specified in this subsection. The term of
3101	3101	commitment established by the court shall not exceed the overall case
3102	3102	length limit. Before a juvenile offender is committed to a juvenile
3103	3103	correctional facility pursuant to this section, the court shall administer a
3104	3104	risk assessment tool, as described in K.S.A. 38-2360, and amendments
3105	3105	thereto, or review a risk assessment tool that was administered within the
3106	3106	past six months to the juvenile.
3107	3107	(1) Violent Offenders. (A) The violent offender I is defined as an
3108	3108	offender adjudicated as a juvenile offender for an offense which, if
3109	3109	committed by an adult, would constitute an off-grid felony. Offenders in
3110	3110	this category may be committed to a juvenile correctional facility for a
3111	3111	minimum term of 60 months and up to a maximum term of the offender
3112	3112	reaching the age of 22 years, six months. The aftercare term for this
3113	3113	offender is set at a minimum term of six months and up to a maximum
3114	3114	term of the offender reaching the age of 23 years.
3115	3115	(B) The violent offender II is defined as an offender adjudicated as a
3116	3116	juvenile offender for an offense which, if committed by an adult, would
3117	3117	constitute a nondrug severity level 1, 2 or 3 felony. Offenders in this
3118	3118	category may be committed to a juvenile correctional facility for a
3119	3119	minimum term of 24 months and up to a maximum term of the offender
3120	3120	reaching the age of 22 years, six months. The aftercare term for this
3121	3121	offender is set at a minimum term of six months and up to a maximum
3122	3122	term of the offender reaching the age of 23 years.
3123	3123	(2) Serious Offenders. (A) The serious offender I is defined as an
3124	3124	offender adjudicated as a juvenile offender for an offense which, if
3125	3125	committed by an adult, would constitute a nondrug severity level 4, person
3126	3126	felony.
3127	3127	Offenders in this category may be committed to a juvenile correctional
3128	3128	facility for a minimum term of 18 months and up to a maximum term of 36
3129	3129	months. The aftercare term for this offender is set at a minimum term of
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3172	3172	43 HB 2568 38
3173	3173	six months and up to a maximum term of 24 months.
3174	3174	(B) The serious offender II is defined as an offender adjudicated as a
3175	3175	juvenile offender for an offense:
3176	3176	(i) Committed prior to July 1, 2012, which, if committed by an adult
3177	3177	prior to July 1, 2012, would constitute a drug severity level 1 or 2 felony;
3178	3178	or
3179	3179	(ii) committed on or after July 1, 2012, which, if committed by an
3180	3180	adult on or after July 1, 2012, would constitute a drug severity level 1, 2 or
3181	3181	3 felony or a nondrug severity level 5 or 6 person felony.
3182	3182	Offenders in this category may be committed to a juvenile correctional
3183	3183	facility for a minimum term of nine months and up to a maximum term of
3184	3184	18 months.
3185	3185	(C) The serious offender III is defined as an offender adjudicated as a
3186	3186	juvenile offender for an offense which, if committed by an adult, would
3187	3187	constitute a nondrug severity level 7, 8, 9 or 10 person felony with one
3188	3188	prior felony adjudication. Offenders in this category may only be
3189	3189	committed to a juvenile correctional facility if such offenders are assessed
3190	3190	as high-risk on a risk and needs assessment. Offenders in this category
3191	3191	may be committed to a juvenile correctional facility for a minimum term
3192	3192	of six months and up to a maximum term of 12 months.
3193	3193	(3) Chronic Offenders. (A) The chronic offender I, chronic felon is
3194	3194	defined as an offender adjudicated as a juvenile offender for an offense:
3195	3195	(i) Which, if committed by an adult, would constitute one present
3196	3196	nonperson felony adjudication and two prior felony adjudications;
3197	3197	(ii) committed prior to July 1, 2012, which, if committed by an adult
3198	3198	prior to July 1, 2012, would constitute one present drug severity level 3
3199	3199	felony adjudication and two prior felony adjudications; or
3200	3200	(iii) committed on or after July 1, 2012, which, if committed by an
3201	3201	adult on or after July 1, 2012, would constitute one present drug severity
3202	3202	level 4 felony adjudication and two prior felony adjudications.
3203	3203	Offenders in this category may only be committed to a juvenile
3204	3204	correctional facility if such offenders are assessed as high-risk on a risk
3205	3205	and needs assessment. Offenders in this category may be committed to a
3206	3206	juvenile correctional facility for a minimum term of six months and up to a
3207	3207	maximum term of 12 months.
3208	3208	(b) Conditional Release. If the court elects, a period of conditional
3209	3209	release may also be ordered pursuant to K.S.A. 38-2361, and amendments
3210	3210	thereto. The period of conditional release shall be limited to a maximum of
3211	3211	six months and shall be subject to graduated responses. The presumption
3212	3212	upon release shall be a return to the juvenile's home, unless the case plan
3213	3213	developed pursuant to K.S.A. 38-2373, and amendments thereto,
3214	3214	recommends a different reentry plan.
3215	3215	(1) Upon finding the juvenile violated a requirement or requirements
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3217	3217	2
3218	3218	3
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3258	3258	43 HB 2568 39
3259	3259	of conditional release, the court may enter one or more of the following
3260	3260	orders:
3261	3261	(A) Recommend additional conditions be added to those of the
3262	3262	existing conditional release.
3263	3263	(B) Order the offender to serve a period of detention pursuant to
3264	3264	K.S.A. 38-2361(g)(f), and amendments thereto.
3265	3265	(C) Revoke or restrict the juvenile's driving privileges as described in
3266	3266	K.S.A. 38-2361(c), and amendments thereto.
3267	3267	(2) Discharge the offender from the custody of the secretary of
3268	3268	corrections, release the secretary of corrections from further
3269	3269	responsibilities in the case and enter any other appropriate orders.
3270	3270	(c) As used in this section "adjudication" includes out-of-state
3271	3271	juvenile adjudications. An out-of-state offense, which if committed by an
3272	3272	adult would constitute the commission of a felony or misdemeanor, shall
3273	3273	be classified as either a felony or a misdemeanor according to the
3274	3274	adjudicating jurisdiction. If an offense which if committed by an adult
3275	3275	would constitute the commission of a felony is a felony in another state, it
3276	3276	will be deemed a felony in Kansas. The state of Kansas shall classify the
3277	3277	offense, which if committed by an adult would constitute the commission
3278	3278	of a felony or misdemeanor, as person or nonperson. In designating such
3279	3279	offense as person or nonperson, reference to comparable offenses shall be
3280	3280	made. If the state of Kansas does not have a comparable offense, the out-
3281	3281	of-state adjudication shall be classified as a nonperson offense.
3282	3282	(d) The secretary of corrections shall work with the community to
3283	3283	provide on-going support and incentives for the development of additional
3284	3284	evidence-based community practices and programs to ensure that the
3285	3285	juvenile correctional facility is not frequently utilized.
3286	3286	(e) There shall be a rebuttable presumption that all offenders in the
3287	3287	chronic offender category and offenders at least 10 years of age but less
3288	3288	than 14 years of age in the serious offender II or III category, shall be
3289	3289	placed in the custody of the secretary for placement in a youth residential
3290	3290	facility in lieu of placement in the juvenile correctional facility. This
3291	3291	presumption may be rebutted by a finding on the record that the juvenile
3292	3292	offender poses a significant risk of physical harm to another.
3293	3293	Sec. 22. K.S.A. 38-2373 is hereby amended to read as follows: 38-
3294	3294	2373. (a) Actions by the court. (1) When a juvenile offender has been
3295	3295	committed to a juvenile correctional facility, the clerk of the court shall
3296	3296	promptly notify the secretary of corrections of the commitment and
3297	3297	provide the secretary with a certified copy of the complaint, the journal
3298	3298	entry of the adjudication and sentencing. The court shall provide those
3299	3299	items from the social file which could relate to a rehabilitative program. If
3300	3300	the court wishes to recommend placement of the juvenile offender in a
3301	3301	specific juvenile correctional facility, the recommendation shall be
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3345	3345	included in the sentence. After the court has received notice of the juvenile
3346	3346	correctional facility designated as provided in subsection (b), it shall be the
3347	3347	duty of the court or the sheriff of the county to deliver the juvenile
3348	3348	offender to the facility at the time designated by the secretary.
3349	3349	(2) When a juvenile offender is residing in a juvenile correctional
3350	3350	facility and is required to go back to court for any reason, the county
3351	3351	demanding the juvenile's presence shall be responsible for transportation,
3352	3352	detention, custody and control of such offender. In these cases, the county
3353	3353	sheriff shall be responsible for all transportation, detention, custody and
3354	3354	control of such offender.
3355	3355	(b) Actions by the secretary. (1) Within three days, excluding
3356	3356	Saturdays, Sundays and legal holidays, after receiving notice of
3357	3357	commitment as provided in subsection (a), the secretary shall notify the
3358	3358	committing court of the facility to which the juvenile offender should be
3359	3359	conveyed, and when to effect the immediate transfer of custody and
3360	3360	control to the department of corrections. The date of admission shall be no
3361	3361	more than five days, excluding Saturdays, Sundays and legal holidays,
3362	3362	after the notice to the committing court. Until received at the designated
3363	3363	facility, the continuing detention, custody, and control of and transport for
3364	3364	a juvenile offender sentenced to a direct commitment to a juvenile
3365	3365	correctional facility shall be the responsibility of the committing county.
3366	3366	(2) Except as provided by K.S.A. 38-2332, and amendments thereto,
3367	3367	the secretary may make any temporary out-of-home placement the
3368	3368	secretary deems appropriate pending placement of the juvenile offender in
3369	3369	a juvenile correctional facility, and the secretary shall notify the court,
3370	3370	local law enforcement agency and school district in which the juvenile will
3371	3371	be residing if the juvenile is still required to attend a secondary school of
3372	3372	that placement.
3373	3373	(c) Transfers. During the time a juvenile offender remains committed
3374	3374	to a juvenile correctional facility, the secretary may transfer the juvenile
3375	3375	offender from one juvenile correctional facility to another.
3376	3376	(d) Case planning. For all juveniles committed to a juvenile
3377	3377	correctional facility pursuant to K.S.A. 38-2361(a)(11)(a)(10), and
3378	3378	amendments thereto, a case plan shall be developed with input from the
3379	3379	juvenile and the juvenile's family. For all those committed upon violation
3380	3380	of a condition of sentence pursuant to K.S.A. 38-2368, and amendments
3381	3381	thereto, the case plan developed with the juvenile's community supervision
3382	3382	officer shall be revised to reflect the new disposition. The department for
3383	3383	children and families, the local school district in which the juvenile
3384	3384	offender will be residing and community supervision officers may also
3385	3385	participate in the development or revision of the case plan when
3386	3386	appropriate. The case plan shall incorporate the results of the risk and
3387	3387	needs assessment, the programs and education to complete while in
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3431	3431	custody and shall clearly define the role of each person or agency working
3432	3432	with the juvenile. The case plan shall include a reentry section, detailing
3433	3433	services, education, supervision or any other elements necessary for a
3434	3434	successful transition. The reentry section of the case plan shall also include
3435	3435	information on reintegration of the juvenile into such juvenile's family or,
3436	3436	if reintegration is not a viable alternative, another viable release option. If
3437	3437	the juvenile is to be placed on conditional release pursuant to K.S.A. 38-
3438	3438	2369, the case plan shall be developed with the community supervision
3439	3439	officer.
3440	3440	Sec. 23. K.S.A. 38-2384 is hereby amended to read as follows: 38-
3441	3441	2384. When an appeal is taken pursuant to this code, fees of an attorney
3442	3442	appointed to represent the juvenile offender shall be fixed by the district
3443	3443	court. The fees, together with the costs of transcripts and records on
3444	3444	appeal, shall be taxed as expenses on appeal paid from the county general
3445	3445	fund and shall not be subject to reimbursement by the juvenile or the
3446	3446	juvenile's parent, guardian or custodian. The court on appeal may assess
3447	3447	the fees and expenses against the appealing party or order that they be paid
3448	3448	from the county general fund. When the court orders the fees and expenses
3449	3449	assessed against the appealing party:
3450	3450	(a) The fees and expenses shall be paid from the county general fund,
3451	3451	subject to reimbursement by the appealing party; and
3452	3452	(b) the county may enforce the order as a civil judgment, except the
3453	3453	county shall not be required to pay the docket fee or fee for execution.
3454	3454	Sec. 24. K.S.A. 38-2389 is hereby amended to read as follows: 38-
3455	3455	2389. (a) Findings and purpose. The following findings and declaration of
3456	3456	purpose apply to this section.
3457	3457	(1) The legislature finds that personal and familial circumstances may
3458	3458	contribute to the commission of offenses by juveniles who represent a
3459	3459	minimal threat to public safety and that in such cases it would further the
3460	3460	interests of society and the juvenile to take an approach to adjudication
3461	3461	that combines less formal procedures, appropriate disciplinary sanctions
3462	3462	for misconduct and the provision of necessary services.
3463	3463	(2) It is the purpose of this section to provide prosecutors with an
3464	3464	alternative means of adjudication for juvenile offenders who present a
3465	3465	minimal threat to public safety and both the juvenile and society would
3466	3466	benefit from such approach.
3467	3467	(b) Designation. A county or district attorney with jurisdiction over
3468	3468	the offense who believes that proceedings under this section are
3469	3469	appropriate may, in such county or district attorney's discretion, designate
3470	3470	any alleged juvenile offender for adjudication under this section and not
3471	3471	seek application of a placement within the placement matrix pursuant to
3472	3472	K.S.A. 38-2369, and amendments thereto, if the alleged juvenile has fewer
3473	3473	than two prior adjudications.
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3517	3517	(1) The county or district attorney shall make such designation in the
3518	3518	original complaint or by written notice filed with the court and served on
3519	3519	the juvenile, the juvenile's counsel and the juvenile's parent or legal
3520	3520	guardian within 14 days after the filing of the complaint.
3521	3521	(2) The filing of a written application for immediate intervention
3522	3522	under K.S.A. 38-2346, and amendments thereto, shall toll the running of
3523	3523	the 14-day period and shall resume upon the issuance of a written denial of
3524	3524	diversion.
3525	3525	(3) If the county or district attorney makes such designation, the
3526	3526	juvenile may be referred to an immediate intervention program established
3527	3527	pursuant to K.S.A. 38-2346, and amendments thereto, and in compliance
3528	3528	with the standards and procedures developed pursuant to K.S.A. 38-2396,
3529	3529	and amendments thereto.
3530	3530	(c) Exceptions. Except as provided in this subsection, the provisions
3531	3531	of the revised Kansas juvenile justice code, K.S.A. 38-2301 et seq., and
3532	3532	amendments thereto, shall apply in any adjudication under this section.
3533	3533	(1) If during the proceedings the court determines that there is
3534	3534	probable cause to believe that the juvenile is a child in need of care as
3535	3535	defined by K.S.A. 38-2202, and amendments thereto, the court shall refer
3536	3536	the matter to the county or district attorney, who shall file a petition as
3537	3537	provided in K.S.A. 38-2234, and amendments thereto, and refer the family
3538	3538	to the Kansas department for children and families for services. If the child
3539	3539	in need of care case is presided over by a different judge, the county or
3540	3540	district attorney shall notify the court presiding over the proceedings under
3541	3541	this section of pertinent orders entered in the child in need of care case.
3542	3542	(2) Notwithstanding any other provision of law, no juvenile shall be
3543	3543	committed to a juvenile correctional facility pursuant to K.S.A. 38-2361(a)
3544	3544	(11)(a)(10), and amendments thereto, for an offense adjudicated under this
3545	3545	section or for the violation of a term or condition of the disposition for
3546	3546	such an offense.
3547	3547	(3) Notwithstanding any other provision of law, no adjudication under
3548	3548	this section or violation of the terms and conditions of the disposition shall
3549	3549	be used against the juvenile in a proceeding on a subsequent offense
3550	3550	committed as a juvenile or as an adult. For purposes of this section, ''used
3551	3551	against the juvenile'' includes, but is not limited to, establishing an element
3552	3552	of a subsequent offense, raising the severity level of a subsequent offense
3553	3553	or enhancing the sentence for a subsequent offense.
3554	3554	(4) Upon completion of the case and the termination of the court's
3555	3555	jurisdiction, the court shall order the adjudication expunged, and the
3556	3556	provisions of K.S.A. 38-2312(a), (b), (c), (d), (e), (i), (k) and (l), and
3557	3557	amendments thereto, shall not apply to such expungement.
3558	3558	(5) Notwithstanding any other provision of law, a juvenile shall not
3559	3559	be required to register as an offender under the Kansas offender
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3603	3603	registration act, K.S.A. 22-4901 et seq., and amendments thereto, as a
3604	3604	result of adjudication under this section.
3605	3605	(6) The provisions of K.S.A. 38-2309 and 38-2310, and amendments
3606	3606	thereto, shall not apply to proceedings under this section.
3607	3607	(7) The provisions of K.S.A. 38-2347, and amendments thereto, shall
3608	3608	not apply to proceedings under this section.
3609	3609	(8) The provisions of K.S.A. 38-2304(g)(1), and amendments thereto,
3610	3610	shall not apply to proceedings under this section.
3611	3611	(9) The trial of offenses under this section shall be to the court and
3612	3612	the right to a trial by jury under K.S.A. 38-2357, and amendments thereto,
3613	3613	shall not apply.
3614	3614	(d) Withdrawal. At any time prior to the beginning of a hearing at
3615	3615	which the court may enter an order adjudicating the child as a juvenile
3616	3616	offender, the county or district attorney may withdraw the designation for
3617	3617	proceedings under this section by providing notice to the court, the
3618	3618	juvenile, the juvenile's attorney and guardian ad litem, if any, and the
3619	3619	juvenile's parent or legal guardian. Upon withdrawal of the designation,
3620	3620	this section shall no longer apply and the case shall proceed and the court
3621	3621	shall grant a continuance upon request.
3622	3622	(e) Appeal. An adjudication under this section is an appealable order
3623	3623	pursuant to K.S.A. 38-2380, and amendments thereto.
3624	3624	(f) This section shall be part of and supplemental to the revised
3625	3625	Kansas juvenile justice code.
3626	3626	Sec. 25. K.S.A. 38-2396 is hereby amended to read as follows: 38-
3627	3627	2396. (a) When a juvenile is placed outside the juvenile's home at a
3628	3628	dispositional hearing pursuant to K.S.A. 38-2361(k)(j), and amendments
3629	3629	thereto, and no reintegration plan is made a part of the record of the
3630	3630	hearing, a written reintegration plan shall be prepared and submitted to the
3631	3631	court within 15 days of the initial order of the court.
3632	3632	(b) The plan shall be prepared by the person who has custody or, if
3633	3633	directed by the court, by a community supervision officer.
3634	3634	(c) If there is a lack of agreement among persons necessary for the
3635	3635	success of the plan, the person or entity having custody of the child shall
3636	3636	notify the court, and the court shall set a hearing pursuant to K.S.A. 38-
3637	3637	2367, and amendments thereto.
3638	3638	(d) This section shall be a part of and supplemental to the revised
3639	3639	Kansas juvenile justice code.
3640	3640	(e) This section shall take effect on and after July 1, 2017.
3641	3641	Sec. 26. K.S.A. 38-2399 is hereby amended to read as follows: 38-
3642	3642	2399. (a) The secretary of corrections may contract for use of not more
3643	3643	than 50 non-foster home beds in youth residential facilities for placement
3644	3644	of juvenile offenders pursuant to K.S.A. 38-2361(a)(13)(a)(11), and
3645	3645	amendments thereto.
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3689	3689	(b) When contracting for services, the secretary shall:
3690	3690	(1) Contract with facilities that have high success rates and decrease
3691	3691	recidivism rates for juvenile offenders;
3692	3692	(2) consider contracting for bed space across the entire state to lower
3693	3693	the cost of transportation of juvenile offenders; and
3694	3694	(3) give priority to existing facilities that are able to meet the
3695	3695	requirements of the secretary for providing residential services to juvenile
3696	3696	offenders.
3697	3697	(c) This section shall take effect on and after January 1, 2018.
3698	3698	Sec. 27. K.S.A. 75-724 is hereby amended to read as follows: 75-724.
3699	3699	(a) Any person convicted or adjudicated of an offense that, pursuant to
3700	3700	K.S.A. 21-2511, and amendments thereto, requires submission of a DNA
3701	3701	sample upon arrest, charging or placement in custody, shall pay a separate
3702	3702	court cost of $200 as a Kansas bureau of investigation DNA database fee
3703	3703	upon conviction or adjudication.
3704	3704	(b) The court shall order such fees regardless of whether the person's
3705	3705	DNA sample was already on file with the Kansas bureau of investigation
3706	3706	at the time such person was arrested, charged or placed in custody, unless
3707	3707	the person can prove to the court that the person: (1) Has paid such fees in
3708	3708	connection with a prior conviction or adjudication; and (2) did not submit
3709	3709	specimens of blood or an oral or other biological sample authorized by the
3710	3710	Kansas bureau of investigation to the Kansas bureau of investigation for
3711	3711	the current offense of conviction or adjudication.
3712	3712	(c) The court shall not lessen or waive such fees unless the court has
3713	3713	determined such person is indigent and the basis for the court's
3714	3714	determination is reflected in the court's order.
3715	3715	(d) Such fees shall be in addition to and not in substitution for any
3716	3716	and all fines and penalties otherwise provided for by law for such offense.
3717	3717	(e) Disbursements from the Kansas bureau of investigation DNA
3718	3718	database fee deposited into the DNA database fee fund of the Kansas
3719	3719	bureau of investigation shall be made for the following:
3720	3720	(1) Providing DNA laboratory services;
3721	3721	(2) the purchase and maintenance of equipment for use by the
3722	3722	laboratory in performing DNA analysis; and
3723	3723	(3) education, training and scientific development of Kansas bureau
3724	3724	of investigation personnel regarding DNA analysis.
3725	3725	(f) Expenditures from the DNA database fee fund shall be made upon
3726	3726	warrants of the director of accounts and reports issued pursuant to
3727	3727	vouchers approved by the attorney general or by a person or persons
3728	3728	designated by the attorney general.
3729	3729	(g) All fees shall be remitted to the state treasurer in accordance with
3730	3730	the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt
3731	3731	of each such remittance, the state treasurer shall deposit the entire amount
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3774	3774	43 HB 2568 45
3775	3775	in the state treasury to the credit of the DNA database fee fund, which is
3776	3776	hereby established in the state treasury.
3777	3777	(h) Fees received into this fund shall be supplemental to regular
3778	3778	appropriations to the Kansas bureau of investigation.
3779	3779	(i) The fee required by this section shall not be assessed to a juvenile
3780	3780	who is being adjudicated as a juvenile offender for an offense that requires
3781	3781	submission of a DNA sample or to such juvenile's parent, guardian or
3782	3782	custodian.
3783	3783	Sec. 28. K.S.A. 12-16,119, 20-167, 20-3129, 21-6609, 22-4905, 28-
3784	3784	170, 28-170a, 28-176, 38-2306, 38-2312, 38-2314, 38-2315, 38-2317, 38-
3785	3785	2319, 38-2321, 38-2322, 38-2324, 38-2328, 38-2331, 38-2346, 38-2348,
3786	3786	38-2360, 38-2361, 38-2362, 38-2369, 38-2373, 38-2384, 38-2389, 38-
3787	3787	2396, 38-2399 and 75-724 and K.S.A. 2023 Supp. 28-177 are hereby
3788	3788	repealed.
3789	3789	Sec. 29. This act shall take effect and be in force from and after its
3790	3790	publication in the statute book.
3791	3791	1
3792	3792	2
3793	3793	3
3794	3794	4
3795	3795	5
3796	3796	6
3797	3797	7
3798	3798	8
3799	3799	9
3800	3800	10
3801	3801	11
3802	3802	12
3803	3803	13
3804	3804	14
3805	3805	15
3806	3806	16