Session of 2025
HOUSE BILL No. 2179
By Committee on Corrections and Juvenile Justice
Requested by Brenna Visocsky on behalf of Kansas Appleseed
1-30
AN ACT concerning children and minors; relating to the revised Kansas
juvenile justice code; prohibiting fines, fees and costs from being
assessed against a juvenile or a juvenile's parent, guardian or custodian;
amending K.S.A. 12-16,119, 20-3129, 21-6609, 22-4905, 28-170, 28-
170a, 28-176, 38-2306, 38-2312, 38-2315, 38-2317, 38-2328, 38-2331,
38-2346, 38-2348, 38-2360, 38-2361, 38-2362, 38-2369, 38-2373, 38-
2384, 38-2389, 38-2396, 38-2399 and 75-724 and K.S.A. 2024 Supp.
28-177 and repealing the existing sections; also repealing K.S.A. 20-
167, 38-2314, 38-2319, 38-2321, 38-2322 and 38-2324.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) In any action pursuant to the revised Kansas
juvenile justice code, no fines, fees, costs, court expenses, reimbursements
or other financial obligations shall be ordered, assessed or sought against a
juvenile or a juvenile's parent, guardian or custodian.
(b) On and after July 1, 2025:
(1) Any outstanding court-ordered fines, fees, costs, court expenses,
reimbursements or other financial obligations owed by a juvenile or a
juvenile's parent, guardian or custodian that were assessed during the
course of an action pursuant to the revised Kansas juvenile justice code
shall be discharged and shall not be collected. The provisions of this
paragraph apply to court-ordered fines, fees, costs, court expenses,
reimbursements and other financial obligations that are currently being
collected utilizing the services of a contracting agent pursuant to K.S.A.
20-169, and amendments thereto.
(2) Any juvenile who is participating in an immediate intervention
program, on probation, in a juvenile detention facility or juvenile
correctional facility or is otherwise being supervised solely because the
juvenile has outstanding fines, fees, costs, court expenses, reimbursements
or other financial obligations shall be immediately discharged.
(3) A juvenile, parent or guardian who is currently incarcerated in a
correctional facility, jail, juvenile correctional facility or juvenile detention
facility solely because of nonpayment of any fine, fee, cost, court expense,
reimbursement or other financial obligation imposed in an action pursuant
to the revised Kansas juvenile justice code shall be released from
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custody.
(c) The provisions of this section shall not apply to restitution that is
owed by a juvenile.
(d) This section shall be a part of and supplemental to the revised
Kansas juvenile justice code.
Sec. 2. K.S.A. 12-16,119 is hereby amended to read as follows: 12-
16,119. (a) Any person convicted or diverted, or adjudicated or diverted
under a preadjudication program, pursuant to K.S.A. 12-4414 et seq. or
22-2906 et seq., K.S.A. 38-2346 et seq., or 12-4414 et seq., and
amendments thereto, of a misdemeanor or felony contained in chapters 8,
41 or 65 of the Kansas Statutes Annotated, or the Kansas criminal code,
and amendments thereto, where fingerprints are required pursuant to
K.S.A. 21-2501, and amendments thereto, shall pay a separate court cost if
the board of county commissioners or by the governing body of a city,
where a city operates a detention facility, votes to adopt such a fee as a
booking or processing fee for each complaint.
(b) Such fee shall be in addition to and not in substitution for any and
all fines and penalties otherwise provided for by law for such offense.
(c) Disbursements of these fees shall be to the general fund of the
governing body responsible for the funding of the sheriff, police
department or countywide law enforcement agency that obtains the
fingerprints.
(d) Such fee shall not exceed $45.
(e) Such fee shall not be imposed in any action pursuant to the
revised Kansas juvenile justice code.
Sec. 3. K.S.A. 20-3129 is hereby amended to read as follows: 20-
3129. (a) Subject to the limitations contained in this section, the clerks of
the district courts shall tax a library fee in an amount determined by the
trustees of the law library in each county for the benefit and account of the
law library in each county. Such library fee shall be not less than $2 nor
more than $10 in all cases commenced pursuant to chapter 60 of the
Kansas Statutes Annotated, and amendments thereto, and in all felony
criminal cases and shall be not less than $.50 nor more than $7 in all other
cases.
(b) The clerks of the district courts in Sedgwick county and Johnson
county may tax an additional fee in an amount determined by the trustees
of the law library in each county for the benefit and account of the law
library in each such county. Such additional library fee shall not be more
than $4 in all cases.
(c) The trustee of the law library in each county may increase law
library fees under this section once per calendar year as of July 1. Changed
law library fees shall be effective as of that date and when filed with the
clerk of the supreme court. The trustees of the law library in each county
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shall file with the respective clerks the fees to be charged in that court.
(d) The fees provided for by subsection (a) shall be deducted from the
docket fee. The fees provided for by subsection (b) shall be in addition to
the docket fees established by law.
(e) In criminal cases where the case is dismissed by the state, the
county shall be liable for the library fee. Where appeals from conviction in
the municipal court are dismissed for want of prosecution, or by the
defendant, the state or city shall collect the library fee. Upon failure of the
state or city to do so within 90 days after the dismissal, the county from
which the appeal is taken shall be liable therefor.
(f) The additional library fee under subsection (b) shall be considered
a docket fee for purposes of K.S.A. 60-2001 et seq., and amendments
thereto.
(g) No fee shall be imposed on or collected from a juvenile or a
juvenile's parent, guardian or custodian pursuant to this section in any
action pursuant to the revised Kansas juvenile justice code.
Sec. 4. K.S.A. 21-6609 is hereby amended to read as follows: 21-
6609. (a) The court or the secretary of corrections may implement a house
arrest program for defendants or inmates being sentenced by the court or
in the custody of the secretary of corrections or as a sanction for offenders
who have failed to comply with the conditions of probation, parole or
postrelease supervision, except:
(1) No defendant shall be placed by the court under house arrest if
found guilty of:
(A) Any crime designated as a class A or B felony in article 34 or 35
of the Kansas Statutes Annotated, prior to their repeal;
(B) subsection (b) of K.S.A. 21-5604(b), and amendments thereto;
(C) K.S.A. 21-5602, and amendments thereto;
(D) any off-grid felony; or
(E) any nondrug crime ranked in severity levels 1 through 5 or any
felony ranked in severity levels 1 through 3 of the drug grid, unless the
offender has been sentenced to probation;
(2) no inmate shall be placed under house arrest if such inmate's
security status is greater than minimum security; or
(3) no inmate shall be placed under house arrest who has been denied
parole by the prisoner review board within the last six months. Any inmate
who, while participating in the house arrest program, is denied parole by
the prisoner review board shall be allowed to remain under house arrest
until the completion of the sentence or until the inmate is otherwise
removed from the program.
(b) At the time of placement of an inmate under house arrest, the
court, secretary or house arrest staff shall provide written notification to
the sheriff and district or county attorney of the county in which any
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person under house arrest is to be placed and to the chief law enforcement
officer of any incorporated city or town in which such person is to be
placed of the placement of the person under house arrest within the county
or incorporated city or town.
(c) House arrest sanctions shall be administered by the court and the
secretary of corrections, respectively, through rules and regulations, and
may include, but are not limited to, rehabilitative restitution in money or in
kind, curfew, revocation or suspension of the driver's license, community
service, deprivation of nonessential activities or privileges, or other
appropriate restraints on the inmate's liberty.
(d) Upon placement in a house arrest program, the court, secretary or
house arrest staff shall inform the offender, and any other people residing
with such offender, of the nature and extent of such house arrest
monitoring, and shall obtain the written agreement of such offender to
comply with all requirements of the program.
(e) The offender shall remain within the property boundaries of the
offender's residence at all times during the term of house arrest, except as
provided under the house arrest agreement with such offender.
(f) The offender shall allow any law enforcement officer, community
corrections officer, court services officer or duly authorized agent of the
department of corrections, to enter such offender's residence at any time to
verify the offender's compliance with the conditions of the house release.
(g) As a condition of house arrest, the court or secretary may require
an offender placed under house arrest to pay any supervision costs
associated with the house arrest program. The secretary shall not require a
juvenile or a juvenile's parent, guardian or custodian to pay any
supervision costs associated with a house arrest program.
(h) The offender shall consent to be monitored by:
(1) An electronic monitoring device on such offender's person;
(2) an electronic monitoring device in such offender's home;
(3) a remote blood alcohol monitoring device;
(4) a home telephone verification procedure;
(5) radio frequency devices; or
(6) any combination of monitoring methods as the court, secretary or
house arrest staff finds necessary.
(i) The secretary or the court may contract for independent
monitoring services. Such independent monitoring service shall be able to
provide monitoring 24 hours a day, every day of the year, and any other
services as determined by the secretary or the court.
(j) An offender violating the provisions of K.S.A. 8-1567, and
amendments thereto, if placed under house arrest, shall be monitored by an
electronic monitoring device, which verifies the offender's location. On a
second or subsequent conviction of K.S.A. 8-1567, and amendments
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thereto, an offender placed under house arrest shall serve the total number
of hours of confinement mandated by that section.
(k) As used in this section:
(1) "House arrest staff" means an independent contractor or
government entity, and agents thereof, utilized by the secretary or court to
administer the provisions of a house arrest program;
(2) "electronic monitoring device" means:
(A) An active or passive global positioning system-enabled device
capable of recording and transmitting an offender's location at all times or
at designated intervals. Such monitoring device may record or transmit
sound, visual images or other information regarding such offender's
location, via wireless communication; or
(B) a radio frequency device capable of monitoring an offender's
location; and
(3) "remote alcohol monitoring device" means a device capable of
monitoring an offender's blood alcohol content via micro fuel cell or deep
lung tissue sample. Such monitoring devices shall be of comparable
accuracy to roadside breath alcohol testing devices utilized by law
enforcement, and shall have wireless or landline telephone transmission
capabilities. Such device may be used in conjunction with an alcohol and
drug-sensing bracelet to monitor such offender's compliance with the
terms of house arrest.
Sec. 5. K.S.A. 22-4905 is hereby amended to read as follows: 22-
4905. Any offender required to register as provided in the Kansas offender
registration act shall:
(a) Except as otherwise provided in this subsection, register in person
with the registering law enforcement agency within three business days of
coming into any county or location of jurisdiction in which the offender
resides or intends to reside, maintains employment or intends to maintain
employment, or attends school or intends to attend school. Any such
offender who cannot physically register in person with the registering law
enforcement agency for such reasons including, but not limited to,
incapacitation or hospitalization, as determined by a person licensed to
practice medicine or surgery, or involuntarily committed pursuant to the
Kansas sexually violent predator act, shall be subject to verification
requirements other than in-person registration, as determined by the
registering law enforcement agency having jurisdiction;
(b) except as provided further, for any: (1) Sex offender, including a
violent offender or drug offender who is also a sex offender, report in
person four times each year to the registering law enforcement agency in
the county or location of jurisdiction in which the offender resides,
maintains employment or is attending a school; and (2) violent offender or
drug offender, report in person four times each year to the registering law
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enforcement agency in the county or location of jurisdiction in which the
offender resides, maintains employment or is attending a school, except
that, at the discretion of the registering law enforcement agency, one of the
four required reports may be conducted by certified letter. When utilized,
the certified letter for reporting shall be sent by the registering law
enforcement agency to the reported residence of the offender. The offender
shall indicate any changes in information as required for reporting in
person. The offender shall respond by returning the certified letter to the
registering law enforcement agency within 10 business days by certified
mail. The offender shall be required to report to the registering law
enforcement agency once during the month of the offender's birthday and
every third, sixth and ninth month occurring before and after the month of
the offender's birthday. The registering law enforcement agency may
determine the appropriate times and days for reporting by the offender,
consistent with this subsection. Nothing contained in this subsection shall
be construed to alleviate any offender from meeting the requirements
prescribed in the Kansas offender registration act;
(c) provide the information required for registration as provided in
K.S.A. 22-4907, and amendments thereto, and verify all information
previously provided is accurate;
(d) if in the custody of a correctional facility, register with the
correctional facility within three business days of initial custody and shall
not be required to update such registration until discharged, paroled,
furloughed or released on work or school release from a correctional
facility. A copy of the registration form and any updated registrations for
an offender released on work or school release shall be sent, within three
business days, to the registering law enforcement agency where the
offender is incarcerated, maintains employment or attends school, and to
the Kansas bureau of investigation;
(e) if involuntarily committed pursuant to the Kansas sexually violent
predator act, register within three business days of arrival in the county
where the offender resides during commitment. The offender shall not be
required to update such registration until placed in a reintegration facility,
on transitional release or on conditional release. Upon placement in a
reintegration facility, on transitional release or on conditional release, the
offender shall be personally responsible for complying with the provisions
of the Kansas offender registration act;
(f) notwithstanding subsections (a) and (b), if the offender is
transient, report in person to the registering law enforcement agency of
such county or location of jurisdiction in which the offender is physically
present within three business days of arrival in the county or location of
jurisdiction. Such offender shall be required to register in person with the
registering law enforcement agency every 30 days, or more often at the
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discretion of the registering law enforcement agency. Such offender shall
comply with the provisions of the Kansas offender registration act and, in
addition, shall:
(1) Provide a list of places where the offender has slept and otherwise
frequented during the period of time since the last date of registration; and
(2) provide a list of places where the offender may be contacted and
where the offender intends to sleep and otherwise frequent during the
period of time prior to the next required date of registration;
(g) if required by out-of-state law, register in any out-of-state
jurisdiction, where the offender resides, maintains employment or attends
school;
(h) register in person upon any commencement, change or
termination of residence location, employment status, school attendance or
other information as provided in K.S.A. 22-4907, and amendments thereto,
within three business days of such commencement, change or termination,
to the registering law enforcement agency or agencies where last
registered and provide written notice to the Kansas bureau of
investigation;
(i) report in person to the registering law enforcement agency or
agencies within three business days of any change in name;
(j) if receiving inpatient treatment at any treatment facility, inform the
treatment facility of the offender's status as an offender and inform the
registering law enforcement agency of the county or location of
jurisdiction in which the treatment facility is located of the offender's
presence at the treatment facility and the expected duration of the
treatment;
(k) submit to the taking of an updated photograph by the registering
law enforcement agency on each occasion when the offender registers with
or reports to the registering law enforcement agency in the county or
location of jurisdiction in which the offender resides, maintains
employment or attends school. In addition, such offender shall submit to
the taking of a photograph to document any changes in identifying
characteristics, including, but not limited to, scars, marks and tattoos;
(l) remit payment to the sheriff's office in the amount of $20 as part of
the reporting process required pursuant to subsection (b) in each county in
which the offender resides, maintains employment or is attending school.
Registration will be completed regardless of whether or not the offender
remits payment. Failure of the offender to remit full payment within 15
days of registration is a violation of the Kansas offender registration act
and is subject to prosecution pursuant to K.S.A. 22-4903, and amendments
thereto. Notwithstanding other provisions herein of this section, payment
of this fee is not required:
(1) When an offender provides updates or changes in information or
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during an initial registration unless such updates, changes or initial
registration is during the month of such offender's birthday and every
third, sixth and ninth month occurring before and after the month of the
offender's birthday;
(2) when an offender is transient and is required to register every 30
days, or more frequently as ordered by the registering law enforcement
agency, except during the month of the offender's birthday and every third,
sixth and ninth month occurring before and after the month of the
offender's birthday; or
(3) if an offender has, prior to the required reporting and within the
last three years, been determined to be indigent by a court of law, and the
basis for that finding is recorded by the court; or
(4) when an offender is required to register solely because of a
juvenile adjudication;
(m) annually renew any driver's license pursuant to K.S.A. 8-247, and
amendments thereto, and annually renew any identification card pursuant
to K.S.A. 2024 Supp. 8-1325a, and amendments thereto;
(n) if maintaining primary residence in this state, surrender all driver's
licenses and identification cards from other states, territories and the
District of Columbia, except if the offender is presently serving and
maintaining active duty in any branch of the United States military or the
offender is an immediate family member of a person presently serving and
maintaining active duty in any branch of the United States military;
(o) read and sign the registration form noting whether the
requirements provided in this section have been explained to the offender;
and
(p) report in person to the registering law enforcement agency in the
jurisdiction of the offender's residence and provide written notice to the
Kansas bureau of investigation 21 days prior to any travel outside of the
United States, and provide an itinerary including, but not limited to,
destination, means of transport and duration of travel, or if under
emergency circumstances, within three business days of making travel
arrangements.
Sec. 6. K.S.A. 28-170 is hereby amended to read as follows: 28-170.
(a) The docket fee prescribed by K.S.A. 60-2001, and amendments thereto,
and the fees for service of process, shall be the only costs assessed for
services of the clerk of the district court and the sheriff in any case filed
under chapter 60 or chapter 61 of the Kansas Statutes Annotated, and
amendments thereto, except that no fee shall be charged for an action filed
under K.S.A. 60-3101 et seq., and under K.S.A. 60-31a01 et seq., and
amendments thereto. For services in other matters in which no other fee is
prescribed by statute, the following fees shall be charged and collected by
the clerk. Only one fee shall be charged for each bond, lien or judgment:
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1. For filing, entering and releasing a bond, mechanic's lien, notice of
intent to perform, personal property tax judgment or any judgment on
which execution process cannot be issued..........................................$14
2. For filing, entering and releasing a judgment of a court of this state on
which execution or other process can be issued..................................$24
3. For a certificate, or for copying or certifying any paper or writ, such fee
as shall be prescribed by the district court.
(b) The fees for entries, certificates and other papers required in
naturalization cases shall be those prescribed by the federal government
and, when collected, shall be disbursed as prescribed by the federal
government. The clerk of the court shall remit to the state treasurer at least
monthly all moneys received from fees prescribed by subsection (a) or (b)
or received for any services performed which may be required by law. The
state treasurer shall deposit the remittance in the state treasury and credit
the entire amount to the state general fund.
(c) In actions pursuant to the revised Kansas code for care of
children, K.S.A. 38-2201 et seq., and amendments thereto, the revised
Kansas juvenile justice code, K.S.A. 38-2301 et seq., and amendments
thereto, the act for treatment of alcoholism, K.S.A. 65-4001 et seq., and
amendments thereto, the act for treatment of drug abuse, K.S.A. 65-5201
et seq., and amendments thereto, or the care and treatment act for mentally
ill persons, K.S.A. 59-2945 et seq., and amendments thereto, the clerk
shall charge an additional fee of $1 which shall be deducted from the
docket fee and credited to the prosecuting attorneys' training fund as
provided in K.S.A. 28-170a, and amendments thereto.
(d) Except as provided further, the bond, lien or judgment fee
established in subsection (a) shall be the only fee collected or moneys in
the nature of a fee collected for such bond, lien or judgment. Such fee shall
only be established by an act of the legislature and no other authority is
established by law or otherwise to collect a fee. On and after July 1, 2019,
through June 30, 2025, the supreme court may impose an additional
charge, not to exceed $22 per bond, lien or judgment fee, to fund the costs
of non-judicial personnel, except that such fee shall not be imposed in any
action pursuant to the revised Kansas juvenile justice code.
Sec. 7. K.S.A. 28-170a is hereby amended to read as follows: 28-
170a. (a) There is hereby established a prosecuting attorneys' training
fund. The clerk of the district court shall charge a fee of $1 in each
criminal case, to be deducted from the docket fee as provided in K.S.A.
28-172a, and amendments thereto and shall charge a fee of $1 in each case
pursuant to the revised Kansas code for care of children or the revised
Kansas juvenile justice code and each mental illness, drug abuse or
alcoholism treatment action as provided by subsection (c) of K.S.A. 28-
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170(c), and amendments thereto. The clerk of the district court, at least
monthly, shall pay all such fees received to the county treasurer who shall
credit the same to the prosecuting attorneys' training fund.
(b) Expenditures from the prosecuting attorneys' training fund shall
be paid by the county treasurer upon the order of the county or district
attorney and shall be used exclusively for the training of personnel in such
attorney's office and costs related thereto. Annually, on or before March
15, each county and district attorney shall submit to the attorney general
and the chairperson of the judiciary committee of each house, an
accounting that shows for the preceding year the amount of fees paid into
the prosecuting attorneys' training fund, the amounts and purpose of each
expenditure from such fund and the balance in such fund on December 31
of the preceding year. The purpose for each expenditure shall specifically
identify the person or persons for whom the expenditure was made and,
where applicable, the time and place where the training was received. If
any expenditure was paid to a nonprofit organization organized in this
state of which the county or district attorney is a member, the county or
district attorney shall include information on the training received for such
expenditure which information shall show the persons receiving the
training and the time and place thereof.
Sec. 8. K.S.A. 28-176 is hereby amended to read as follows: 28-176.
(a) The court shall order any person convicted or diverted, or adjudicated
or diverted under a preadjudication program pursuant to K.S.A. 12-4414,
et seq. or 22-2906 et seq., K.S.A. 38-2346 et seq., or 12-4414, and
amendments thereto, of a misdemeanor or felony contained in chapters 21,
41 or 65 of the Kansas Statutes Annotated, and amendments thereto, or a
violation of K.S.A. 8-2,144 or 8-1567, and amendments thereto, or a
violation of a municipal ordinance or county resolution prohibiting the acts
prohibited by such statutes, unless the municipality or county has an
agreement with the laboratory providing services that sets a restitution
amount to be paid by the person that is directly related to the cost of
laboratory services, to pay a separate court cost of $400 for every
individual offense if forensic science or laboratory services, forensic
computer examination services or forensic audio and video examination
services are provided, in connection with the investigation, by:
(1) The Kansas bureau of investigation;
(2) the Sedgwick county regional forensic science center;
(3) the Johnson county sheriff's laboratory;
(4) the heart of America regional computer forensics laboratory;
(5) the Wichita-Sedgwick county computer forensics crimes unit; or
(6) the Garden City police department computer, audio and video
forensics laboratory.
(b) Such fees shall be in addition to and not in substitution for any
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and all fines and penalties otherwise provided for by law for such offense.
(c) The court shall not lessen or waive such fees unless the court has
determined such person is indigent and the basis for the court's
determination is reflected in the court's order.
(d) Such fees shall be deposited into the designated fund of the
laboratory or forensic science or computer center that provided such
services. Fees for services provided by:
(1) The Kansas bureau of investigation shall be deposited in the
Kansas bureau of investigation forensic laboratory and materials fee fund
which is hereby created;
(2) the Sedgwick county regional forensic science center shall be
deposited in the Sedgwick county general fund;
(3) the Johnson county sheriff's laboratory shall be deposited in the
Johnson county sheriff's laboratory analysis fee fund;
(4) the heart of America regional computer forensics laboratory shall
be deposited in the general treasury account maintained by such
laboratory;
(5) the Wichita-Sedgwick county computer forensic crimes unit shall
be retained by the Sedgwick county sheriff. All funds retained by the
sheriff pursuant to the provisions of this section shall be credited to a
special fund of the sheriff's office; and
(6) the Garden City police department computer, audio and video
forensics laboratory shall be deposited in the Garden City general fund.
(e) Disbursements from the funds and accounts described in
subsection (d) shall be made for the following:
(1) Forensic science or laboratory services;
(2) forensic computer examination services;
(3) forensic audio and video examination services;
(4) purchase and maintenance of laboratory equipment and supplies;
(5) education, training and scientific development of personnel; and
(6) from the Kansas bureau of investigation forensic laboratory and
materials fee fund, the destruction of seized property and chemicals as
described in K.S.A. 22-2512 and 60-4117, and amendments thereto.
(f) On or before the 10
th
day of each month, the director of accounts
and reports shall transfer from the state general fund to the Kansas bureau
of investigation forensic laboratory and materials fee fund interest earnings
based on:
(1) The average daily balance of moneys in the Kansas bureau of
investigation forensic laboratory and materials fee fund for the preceding
month; and
(2) the net earnings rate of the pooled money investment portfolio for
the preceding month.
(g) All expenditures from the Kansas bureau of investigation forensic
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laboratory and materials fee fund shall be made in accordance with
appropriations acts upon warrants of the director of accounts and reports
issued pursuant to vouchers approved by the attorney general or by a
person or persons designated by the attorney general.
Sec. 9. K.S.A. 2024 Supp. 28-177 is hereby amended to read as
follows: 28-177. (a) Except as provided in this section and K.S.A. 28-178,
and amendments thereto, the fees established by legislative enactment
shall be the only fee collected or moneys in the nature of a fee collected
for court procedures. Such fee shall only be established by an act of the
legislature and no other authority is established by law or otherwise to
collect a fee. Court procedures shall include docket fees, filing fees or
other fees related to access to court procedures. On and after July 1, 2019,
through June 30, 2025, the supreme court may impose an additional
charge, not to exceed $26.50 per fee or the amount established by the
applicable statute, whichever amount is less, to fund the costs of non-
judicial personnel.
(b) Such additional charge imposed by the court pursuant to K.S.A. 8-
2107, 8-2110, 21-6614, 22-2410, 23-2510, 28-170, 28-172a, 28-178, 28-
179, 32-1049a, 38-2215, 38-2312, 38-2314, 59-104, 60-2001, 60-2203a,
61-2704, 61-4001 and 65-409 and K.S.A. 21-6614 and 23-2510, and
amendments thereto, shall be remitted to the state treasurer in accordance
with the provisions of K.S.A. 75-4215, and amendments thereto. Upon
receipt of each such remittance, the state treasurer shall deposit the entire
amount in the state treasury to the credit of the state general fund.
(c) There is hereby established in the state treasury the judicial branch
docket fee fund which shall be administered by the chief justice at the
Kansas supreme court. Moneys credited to the judicial branch docket fee
fund shall not be expended for compensation of judges or justices of the
judicial branch.
(d) All expenditures from the judicial branch docket fee fund shall be
made in accordance with appropriation acts and upon warrants of the
director of accounts and reports issued pursuant to vouchers approved by
the chief justice of the Kansas supreme court or by a person or persons
designated by the chief justice.
Sec. 10. K.S.A. 38-2306 is hereby amended to read as follows: 38-
2306. (a) Appointment of attorney to represent juvenile. A juvenile is
entitled to have the assistance of an attorney at every stage of the
proceedings. If a juvenile appears before any court without an attorney, the
court shall inform the juvenile and the juvenile's parent of the right to
employ an attorney. Upon failure to retain an attorney, the court shall
appoint an attorney to represent the juvenile. The expense of the appointed
attorney may shall not be assessed to the juvenile, or the juvenile's parent,
or both, as part of the expenses of the case guardian or custodian.
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(b) Continuation of representation. An attorney appointed for a
juvenile shall continue to represent the juvenile at all subsequent court
hearings in the proceeding under this code, including appellate
proceedings, unless relieved by the court upon a showing of good cause or
upon transfer of venue.
(c) Attorney fees. An attorney appointed pursuant to this section shall
be allowed a reasonable fee for services, which may be assessed as an
expense in the proceedings as provided in K.S.A. 38-2314, and
amendments thereto shall be paid from the county's general fund.
(2) No fee for the services of an attorney appointed pursuant to this
section shall be assessed against a juvenile or a juvenile's parent,
guardian or custodian.
Sec. 11. K.S.A. 38-2312 is hereby amended to read as follows: 38-
2312. (a) Except as provided in subsections (b) and (c), any records or files
specified in this code concerning a juvenile may be expunged upon
application to a judge of the court of the county in which the records or
files are maintained. The application for expungement may be made by the
juvenile, if 18 years of age or older or, if the juvenile is less than 18 years
of age, by the juvenile's parent or next friend.
(b) There shall be no expungement of records or files concerning acts
committed by a juvenile which, if committed by an adult, would constitute
a violation of K.S.A. 21-3401, prior to its repeal, or K.S.A. 21-5402, and
amendments thereto, murder in the first degree; K.S.A. 21-3402, prior to
its repeal, or K.S.A. 21-5403, and amendments thereto, murder in the
second degree; K.S.A. 21-3403, prior to its repeal, or K.S.A. 21-5404, and
amendments thereto, voluntary manslaughter; K.S.A. 21-3404, prior to its
repeal, or K.S.A. 21-5405, and amendments thereto, involuntary
manslaughter; K.S.A. 21-3439, prior to its repeal, or K.S.A. 21-5401, and
amendments thereto, capital murder; K.S.A. 21-3442, prior to its repeal, or
K.S.A. 21-5405(a)(3) or (a)(5), and amendments thereto, involuntary
manslaughter while driving under the influence of alcohol or drugs; K.S.A.
21-3502, prior to its repeal, or K.S.A. 21-5503, and amendments thereto,
rape; K.S.A. 21-3503, prior to its repeal, or K.S.A. 21-5506(a), and
amendments thereto, indecent liberties with a child; K.S.A. 21-3504, prior
to its repeal, or K.S.A. 21-5506(b), and amendments thereto, aggravated
indecent liberties with a child; K.S.A. 21-3506, prior to its repeal, or
K.S.A. 21-5504(b), and amendments thereto, aggravated criminal sodomy;
K.S.A. 21-3510, prior to its repeal, or K.S.A. 21-5508(a), and amendments
thereto, indecent solicitation of a child; K.S.A. 21-3511, prior to its repeal,
or K.S.A. 21-5508(b), and amendments thereto, aggravated indecent
solicitation of a child; K.S.A. 21-3516, prior to its repeal, or K.S.A. 21-
5510, and amendments thereto, sexual exploitation of a child; K.S.A. 21-
5514(a), and amendments thereto, internet trading in child pornography;
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K.S.A. 21-5514(b), and amendments thereto, aggravated internet trading in
child pornography; K.S.A. 21-3603, prior to its repeal, or K.S.A. 21-
5604(b), and amendments thereto, aggravated incest; K.S.A. 21-3608,
prior to its repeal, or K.S.A. 21-5601(a), and amendments thereto,
endangering a child; K.S.A. 21-3609, prior to its repeal, or K.S.A. 21-
5602, and amendments thereto, abuse of a child; or which would constitute
an attempt to commit a violation of any of the offenses specified in this
subsection.
(c) Notwithstanding any other law to the contrary, for any offender
who is required to register as provided in the Kansas offender registration
act, K.S.A. 22-4901 et seq., and amendments thereto, there shall be no
expungement of any conviction or any part of the offender's criminal
record while the offender is required to register as provided in the Kansas
offender registration act.
(d) When a petition for expungement is filed, the court shall set a date
for a hearing on the petition and shall give notice thereof to the county or
district attorney. The petition shall state: (1) The juvenile's full name; (2)
the full name of the juvenile as reflected in the court record, if different
than (1); (3) the juvenile's sex and date of birth; (4) the offense for which
the juvenile was adjudicated; (5) the date of the trial; and (6) the identity
of the trial court. Except as otherwise provided by law, a petition for
expungement shall be accompanied by a docket fee in the amount of $176.
On and after July 1, 2019, through June 30, 2025, the supreme court may
impose a charge, not to exceed $19 per case, to fund the costs of non-
judicial personnel No docket fee, charge or other cost shall be imposed on
the petitioner. All petitions for expungement shall be docketed in the
original action. Any person who may have relevant information about the
petitioner may testify at the hearing. The court may inquire into the
background of the petitioner.
(e) (1) After hearing, the court shall order the expungement of the
records and files if the court finds that:
(A) (i) The juvenile has reached 23 years of age or that two years
have elapsed since the final discharge;
(ii) one year has elapsed since the final discharge for an adjudication
concerning acts committed by a juvenile which, if committed by an adult,
would constitute a violation of K.S.A. 21-6419, and amendments thereto;
or
(iii) the juvenile is a victim of human trafficking, aggravated human
trafficking or commercial sexual exploitation of a child, the adjudication
concerned acts committed by the juvenile as a result of such victimization,
including, but not limited to, acts which, if committed by an adult, would
constitute a violation of K.S.A. 21-6203 or 21-6419, and amendments
thereto, and the hearing on expungement occurred on or after the date of
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final discharge. The provisions of this clause shall not allow an
expungement of records or files concerning acts described in subsection
(b);
(B) since the final discharge of the juvenile, the juvenile has not been
convicted of a felony or of a misdemeanor other than a traffic offense or
adjudicated as a juvenile offender under the revised Kansas juvenile justice
code and no proceedings are pending seeking such a conviction or
adjudication; and
(C) the circumstances and behavior of the petitioner warrant
expungement.
(2) (A) The court may require that all court costs, fees and restitution
shall be paid shall not deny or delay the processing of a petition for
expungement because of unpaid court costs, fees, restitution or other
outstanding financial obligations.
(B) For the purpose of collecting outstanding restitution, the
following persons shall have access to the expunged case file
notwithstanding any expungement:
(i) The clerk of the court;
(ii) a contracting agent as defined in K.S.A. 20-169, and amendments
thereto;
(iii) the petitioner and the petitioner's attorney;
(iv) the beneficiary under an order of restitution as defined in K.S.A.
20-169, and amendments thereto, and such beneficiary's attorney; and
(v) any other person authorized by a court order if the court finds it
is necessary for the person to have access to the expunged case file for the
purpose of collecting the outstanding restitution.
(f) Upon entry of an order expunging records or files, the offense
which the records or files concern shall be treated as if it never occurred,
except that upon conviction of a crime or adjudication in a subsequent
action under this code the offense may be considered in determining the
sentence to be imposed. The petitioner, the court and all law enforcement
officers and other public offices and agencies shall properly reply on
inquiry that no record or file exists with respect to the juvenile. Inspection
of the expunged files or records thereafter may be permitted by order of
the court upon petition by the person who is the subject thereof. The
inspection shall be limited to inspection by the person who is the subject of
the files or records and the person's designees.
(g) A certified copy of any order made pursuant to subsection (a) or
(d) shall be sent to the Kansas bureau of investigation, which shall notify
every juvenile or criminal justice agency which may possess records or
files ordered to be expunged. If the agency fails to comply with the order
within a reasonable time after its receipt, such agency may be adjudged in
contempt of court and punished accordingly.
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(h) The court shall inform any juvenile who has been adjudicated a
juvenile offender of the provisions of this section.
(i) Nothing in this section shall be construed to prohibit the
maintenance of information relating to an offense after records or files
concerning the offense have been expunged if the information is kept in a
manner that does not enable identification of the juvenile.
(j) Nothing in this section shall be construed to permit or require
expungement of files or records related to a child support order registered
pursuant to the revised Kansas juvenile justice code.
(k) Whenever the records or files of any adjudication have been
expunged under the provisions of this section, the custodian of the records
or files of adjudication relating to that offense shall not disclose the
existence of such records or files, except when requested by:
(1) The person whose record was expunged;
(2) a private detective agency or a private patrol operator, and the
request is accompanied by a statement that the request is being made in
conjunction with an application for employment with such agency or
operator by the person whose record has been expunged;
(3) a court, upon a showing of a subsequent conviction of the person
whose record has been expunged;
(4) the secretary for aging and disability services, or a designee of the
secretary, for the purpose of obtaining information relating to employment
in an institution, as defined in K.S.A. 76-12a01, and amendments thereto,
of the Kansas department for aging and disability services of any person
whose record has been expunged;
(5) a person entitled to such information pursuant to the terms of the
expungement order;
(6) the Kansas lottery, and the request is accompanied by a statement
that the request is being made to aid in determining qualifications for
employment with the Kansas lottery or for work in sensitive areas within
the Kansas lottery as deemed appropriate by the executive director of the
Kansas lottery;
(7) the governor or the Kansas racing commission, or a designee of
the commission, and the request is accompanied by a statement that the
request is being made to aid in determining qualifications for executive
director of the commission, for employment with the commission, for
work in sensitive areas in parimutuel racing as deemed appropriate by the
executive director of the commission or for licensure, renewal of licensure
or continued licensure by the commission;
(8) the Kansas sentencing commission; or
(9) the Kansas bureau of investigation, for the purposes of:
(A) Completing a person's criminal history record information within
the central repository in accordance with K.S.A. 22-4701 et seq., and
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amendments thereto; or
(B) providing information or documentation to the federal bureau of
investigation, in connection with the national instant criminal background
check system, to determine a person's qualification to possess a firearm.
(l) The provisions of subsection (k)(9) shall apply to all records
created prior to, on and after July 1, 2011.
Sec. 12. K.S.A. 38-2315 is hereby amended to read as follows: 38-
2315. (a) How paid. (1) If a juvenile, subject to this code, is not eligible for
assistance under K.S.A. 39-709, and amendments thereto, expenses for the
care and custody of the juvenile shall be paid out of the general fund of the
county in which the proceedings are initiated. Upon entry of a written
order transferring venue pursuant to K.S.A. 38-2305, and amendments
thereto, expenses shall be paid by the receiving county. For the purpose of
this section, a juvenile who is a nonresident of the state of Kansas or
whose residence is unknown shall have residence in the county where the
proceedings are initiated.
(2) When the custody of a juvenile is awarded to the commissioner,
the expenses for the care and custody of the juvenile from the date of
custody forward shall not be paid out of the county general fund, except as
provided in subsection (d) (b) or K.S.A. 38-2373, and amendments thereto.
In no event shall the payment authorized by this subsection exceed the
state approved rate.
(3) Nothing in this section shall be construed to mean that any person
shall be relieved of the legal responsibility to support a juvenile.
(b) Reimbursement to county general fund. (1) When expenses for the
care and custody of a juvenile subject to this code have been paid out of
the county general fund of any county in this state, the court may assess
the expenses to the person who by law is liable to maintain, care for or
support the juvenile and shall inform the person assessed the expenses of
such person's right to a hearing. If a hearing is requested, it shall be
granted and the court shall fix a time and place for hearing on the question
of requiring payment or reimbursement of all or part of the expenses by a
person who by law is liable to maintain, care for or support the juvenile.
(2) After notice to the person who by law is liable to maintain, care
for or support the juvenile, the court, if requested, may hear and dispose of
the matter and may enter an order relating to payment of expenses for care
and custody of the juvenile. If the person willfully fails or refuses to pay
the sum, the person may be adjudged in contempt of court and punished
accordingly.
(3) Any county which makes payment to maintain, care for or support
a juvenile subject to this code, may bring a separate action against a person
who by law is liable to maintain, care for or support such juvenile for the
reimbursement of expenses paid out of the county general fund for the care
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and custody of the juvenile.
(c) Reimbursement to the commissioner. When expenses for the care
and custody of a juvenile subject to this code have been paid by the
commissioner, the commissioner may recover the expenses as provided by
law from any person who by law is liable to maintain, care for or support
the juvenile. The commissioner shall have the power to compromise and
settle any claim due or any amount claimed to be due to the commissioner
from any person who by law is liable to maintain, care for or support the
juvenile. The commissioner may contract with a state agency, contract
with an individual or hire personnel to collect the reimbursements required
under this subsection.
(d)(b) Interlocal agreements. When a county has made an interlocal
agreement to maintain, care for or support alleged juvenile offenders or
juvenile offenders who are residents of another county and such other
county is a party to the interlocal agreement with the county which
performs the actual maintenance, care and support of the alleged juvenile
offender or juvenile offender, such county of residence may pay from its
county general fund to the other county whatever amount is agreed upon in
the interlocal agreement irrespective of any amount paid or to be paid by
the juvenile justice authority department of corrections. The juvenile
justice authority department of corrections shall not diminish the amount it
would otherwise reimburse any such county for maintaining, caring for
and supporting any such juvenile because of any payment under such an
interlocal agreement.
(c) The expenses for the care and custody of a juvenile subject to this
code shall not be assessed to the parent, guardian or custodian of the
juvenile.
Sec. 13. K.S.A. 38-2317 is hereby amended to read as follows: 38-
2317. (a) As used in this section:
(1) "Adjudicated person" means a person found to be a juvenile
offender or a person found not to be a juvenile offender because of mental
disease or defect.
(2) "Laboratory confirmation" means positive test results from a
confirmation test approved by the secretary of health and environment.
(3) "Sexual act" means contact between the penis and the vulva, the
penis and the anus, the mouth and the penis, the mouth and the vulva or
the mouth and the anus. For purposes of this definition paragraph, contact
involving the penis occurs upon penetration, however slight.
(4) "Infectious disease test" means a test approved by the secretary of
health and environment.
(5) "Body fluids" means blood, semen or vaginal secretions or any
body fluid visibly contaminated with blood.
(6) "Infectious disease" means any disease communicable from one
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person to another through contact with bodily fluids.
(b) At the time of the first appearance before the court of a person
charged with an offense involving a sexual act committed while the person
was a juvenile, or in which it appears from the nature of the charge that the
transmission of body fluids from one person to another may have been
involved, the judge shall inform the person or the parent or legal guardian
of the person of the availability of infectious disease testing and
counseling and shall cause each alleged victim of the offense and if the
alleged victim is a minor, the parent, if any, to be notified that infectious
disease testing and counseling are available.
(c) If the victim of the offense or if the victim is a minor, if the
victim's parent requests the court to order infectious disease tests of the
alleged offender or if the person charged with the offense stated to law
enforcement officers that such person has an infectious disease or is
infected with an infectious disease, or used words of like effect, the court
shall order the person charged with the offense to submit to infectious
disease tests.
(d) For any offense by an adjudicated person which the court
determines, from the facts of the case, involved or was likely to have
involved the transmission of body fluids from one person to another or
involved a sexual act, the court: (1) May order the adjudicated person to
submit to infectious disease tests; or (2) shall order the adjudicated person
to submit to infectious disease tests if a victim of the offense, or the parent
or legal guardian of the victim if the victim is a minor, requests the court to
make such order. If an infectious disease test is ordered under this
subsection, a victim who is an adult shall designate a health care provider
or counselor to receive the information on behalf of the victim. If a victim
is a minor, the parent or legal guardian of the victim shall designate the
health care provider or counselor to receive the information. If testing for
HIV or hepatitis B infection results in a negative reaction, the court shall
order the adjudicated person to submit to another test for HIV or hepatitis
B infection six months after the first test was administered.
(e) The results of infectious disease tests ordered under this section
shall be disclosed to the court which ordered the test, to the adjudicated
person, or the parent or legal guardian of the adjudicated person, and to
each person designated under subsection (d) by a victim or by the parent or
legal guardian of a victim. If infectious disease tests ordered under this
section results in a laboratory confirmation, the results shall be reported to
the secretary of health and environment and to: (1) The commissioner of
juvenile justice, in the case of a juvenile offender or a person not
adjudicated because of mental disease or defect, for inclusion in such
offender's or person's medical file; or (2) the secretary of corrections, in
the case of a person under 16 years of age who has been convicted as an
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adult, for inclusion in such person's medical file. The secretary of health
and environment shall provide to each victim of the crime or sexual act, at
the option of such victim, counseling regarding the human
immunodeficiency virus and hepatitis B, testing for HIV or hepatitis B
infection in accordance with K.S.A. 65-6001 et seq., and amendments
thereto, and referral for appropriate health care and services.
(f) The costs of any counseling and testing provided under subsection
(e) by the secretary of health and environment shall be paid from amounts
appropriated to the department of health and environment for that purpose.
The court shall order the adjudicated person to pay restitution to the
department of health and environment for the costs of any counseling
provided under this section and the costs of any test ordered or otherwise
performed under this section No fee for any counseling or testing provided
pursuant to this section shall be assessed against a juvenile or a juvenile's
parent, guardian or custodian.
(g) When a court orders an adjudicated person to submit to infectious
disease tests under this section, the withdrawal of the blood may be
performed only by: (1) A person licensed to practice medicine and surgery
or a person acting under the supervision of any such licensed person; (2) a
licensed professional nurse or a licensed practical nurse; or (3) a qualified
medical technician. No person authorized by this subsection to withdraw
blood, no person assisting in the performance of infectious disease tests
nor any medical care facility where blood is withdrawn or tested that has
been ordered by the court to withdraw or test blood shall be liable in any
civil or criminal action when the test is performed in a reasonable manner
according to generally accepted medical practices.
(h) The results of tests or reports, or information therein, obtained
under this section shall be confidential and shall not be divulged to any
person not authorized by this section or authorized in writing by the
juvenile to receive the results or information. Any violation of this section
is a class C nonperson misdemeanor.
Sec. 14. K.S.A. 38-2328 is hereby amended to read as follows: 38-
2328. (a) Complaint. (1) The complaint shall be in writing and shall state:
(A) The name, date of birth and residence address of the alleged
juvenile offender, if known;
(B) the name and residence address of the alleged juvenile offender's
parent, if known, and, if no parent can be found, the name and address of
the nearest known relative;
(C) the name and residence address of any persons having custody or
control of the alleged juvenile offender;
(D) plainly and concisely the essential facts constituting the offense
charged and, if the statement is drawn in the language of the statute,
ordinance or resolution alleged to have been violated, it shall be
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considered sufficient; and
(E) for each count, the official or customary citation of the statute,
ordinance or resolution which is alleged to have been violated, but error in
the citation or its omission shall not be grounds for dismissal of the
complaint or for reversal of an adjudication if the error or omission did not
prejudice the juvenile.
(2) The proceedings shall be entitled: "In the matter of
____________, a juvenile."
(3) The complaint shall contain a request that parents be ordered to
pay child support in the event the juvenile is removed from the home.
(4) The precise time of the commission of an offense need not be
stated in the complaint, but it is sufficient if shown to have been within the
statute of limitations, except where the time is an indispensable element of
the offense.
(5)(4) At the time of filing, the prosecuting attorney shall endorse
upon the complaint the names of all known witnesses. The names of other
witnesses that afterward become known to the prosecuting attorney may
be endorsed at such times as the court prescribes by rule or otherwise.
(b) Motions. Motions may be made orally or in writing. The motion
shall state with particularity the grounds for the motion and shall state the
relief or order sought. Motions available in civil and criminal procedure
are available to the parties under this code.
Sec. 15. K.S.A. 38-2331 is hereby amended to read as follows: 38-
2331. (a) The court shall not enter an order removing a juvenile from the
custody of a parent pursuant to this section unless the court first finds that
a detention risk assessment conducted pursuant to K.S.A. 75-7023(d), and
amendments thereto, has assessed the juvenile as detention-eligible or
there are grounds to override the results of a detention risk assessment tool
and the court finds probable cause that:
(1) Community-based alternatives to detention are insufficient to:
(A) Secure the presence of the juvenile at the next hearing as
evidenced by a demonstrable record of recent failures to appear at juvenile
court proceedings and an exhaustion of detention alternatives; or
(B) protect the physical safety of another person or property from
serious threat if the juvenile is not detained; and
(2) The court shall state the basis for each finding in writing.
(b) Community-based alternatives to detention shall include, but not
be limited to:
(1) Release on the youth's promise to appear;
(2) release to a parent, guardian or custodian upon the youth's
assurance to secure such youth's appearance;
(3) release with the imposition of reasonable restrictions on activities,
associations, movements and residence specifically related to securing the
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youth's appearance at the next court hearing;
(4) release to a voluntary community supervision program;
(5) release to a mandatory, court-ordered community supervision
program;
(6) release with mandatory participation in an electronic monitoring
program with minimal restrictions on the youth's movement; or
(7) release with mandatory participation in an electronic monitoring
program allowing the youth to leave home only to attend school, work,
court hearings or other court-approved activities.
(c) No juvenile shall be placed in a juvenile detention center solely
due to:
(1) A lack of supervision alternatives or service options;
(2) a parent avoiding legal responsibility;
(3) a risk of self-harm;
(4) contempt of court;
(5) a violation of a valid court order;
(6) nonpayment of any fines, fees, court costs or restitution; or
(6)(7) technical violations of conditional release unless there is
probable cause that the juvenile poses a significant risk of harm to others
or damage to property or the applicable graduated responses or sanctions
protocol allows such placement.
(d) No person 18 years of age or more shall be placed in a juvenile
detention center.
Sec. 16. K.S.A. 38-2346 is hereby amended to read as follows: 38-
2346. (a) Each director of juvenile intake and assessment services in
collaboration with the county or district attorney shall adopt a policy and
establish guidelines for an immediate intervention process by which a
juvenile may avoid prosecution. The guidelines may include information
on any offenders beyond those enumerated in subsection (b)(1) that shall
be referred to immediate intervention. In addition to juvenile intake and
assessment services adopting policies and guidelines for the immediate
intervention process, the court, the county or district attorney, the director
of the intake and assessment center and other relevant individuals or
organizations, pursuant to a written agreement, shall collaboratively
develop local programs to:
(1) Provide for the direct referral of cases to immediate intervention
programs by the county or district attorney and the intake and assessment
worker.
(2) Allow intake and assessment workers to issue a summons, as
defined in subsection (e) and if juvenile intake and assessment services has
adopted appropriate policies and guidelines, allow law enforcement
officers to issue such a summons.
(3) Allow the intake and assessment centers and other immediate
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intervention program providers to directly purchase services for the
juvenile and the juvenile's family.
(4) Allow intake and assessment workers to direct the release of a
juvenile prior to a detention hearing after the completion of the intake and
assessment process pursuant to K.S.A. 75-7023, and amendments thereto.
(b) (1) A juvenile who goes through the juvenile intake and
assessment process pursuant to K.S.A. 75-7023, and amendments thereto,
shall be offered the opportunity to participate in an immediate intervention
program and avoid prosecution if the juvenile is charged with a
misdemeanor that is not an offense described in article 55 of chapter 21 of
the Kansas Statutes Annotated, and amendments thereto, or a violation of
K.S.A. 21-5507, and amendments thereto, the juvenile has no prior
adjudications, and the offer is made pursuant to the guidelines developed
pursuant to this section. Participation in an immediate intervention
program is not required to be offered to a juvenile who was originally
charged with an offense which, if committed by an adult, would constitute
a felony and, as a result of a plea agreement reached between the juvenile
and prosecuting attorney, the charge has been amended to a misdemeanor.
A juvenile who has participated in an immediate intervention program for
a previous misdemeanor may, but is not required to, be offered
participation in an immediate intervention program.
(2) A juvenile may also participate in an immediate intervention
program if the juvenile is referred for immediate intervention by the
county or district attorney pursuant to subsection (d).
(3) Any juvenile referred to immediate intervention by juvenile intake
and assessment services shall, upon acceptance, work together with court
services, community corrections, juvenile intake and assessment services
or any other entity designated as a part of the written agreement in
subsection (a) to develop an immediate intervention plan. Such plan may
be supervised or unsupervised by any of the aforementioned entities. The
county or district attorneys office shall not be required to supervise
juveniles participating in an immediate intervention program.
(4) The immediate intervention plan shall last no longer than six
months from the date of referral, unless the plan requires the juvenile to
complete an evidence-based mental health or substance abuse program that
extends beyond the six-month period. In such case, the plan may be
extended up to two additional months.
(5) If the juvenile satisfactorily complies with the immediate
intervention plan, such juvenile shall be discharged and the charges
dismissed at the end of the time period specified in paragraph (4).
(6) If the juvenile fails to satisfactorily comply with the immediate
intervention plan, the case shall be referred to a multidisciplinary team for
review. The multidisciplinary team created pursuant to K.S.A. 38-2393,
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and amendments thereto, shall review the immediate intervention plan
within seven days and may revise and extend such plan or terminate the
case as successful. Such plan may be extended for no more than four
additional months.
(7) If the juvenile fails to satisfactorily comply with the revised plan
developed pursuant to paragraph (6), the intake and assessment worker,
court services officer or community corrections officer overseeing the
immediate intervention shall refer the case to the county or district
attorney for consideration.
(c) The parent of a juvenile may be required to be a part of the
immediate intervention program.
(d) For all juveniles that have fewer than two prior adjudications, the
county or district attorney shall review the case upon receipt of a
complaint to determine if the case should be referred for immediate
intervention or whether alternative means of adjudication should be
designated pursuant to K.S.A. 38-2389, and amendments thereto. The
county or district attorney shall consider any recommendation of a juvenile
intake and assessment worker, court services officer or community
corrections officer.
(e) "Summons" means a written order issued by an intake and
assessment worker or a law enforcement officer directing that a juvenile
appear before a designated court at a stated time and place to answer a
pending charge.
(f) A juvenile who is eligible for an immediate intervention shall not
be denied participation in such a program or terminated unsuccessfully due
to an inability to pay fees or other associated costs. Fees assessed from
such a program shall be retained by the program and shall not be used for
any purpose, except development and operation of the program No fees
or costs shall be imposed on a juvenile or a juvenile's parent, guardian or
custodian for participation in an immediate intervention program. A
juvenile who is otherwise eligible to participate in an immediate
intervention program shall not be denied access to such program due to
unpaid fees or costs.
(g) If a juvenile substantially complies with an immediate
intervention program, charges in such juvenile's case shall not be filed.
(h) The policies and guidelines developed pursuant to subsection (a)
shall adhere to standards and procedures for immediate intervention
developed by the department of corrections pursuant to K.S.A. 38-2395,
and amendments thereto, and be based on best practices.
(i) Nothing in this section shall require a juvenile to participate in an
immediate intervention program when the county or district attorney has
declined to continue with prosecution of an alleged offense.
Sec. 17. K.S.A. 38-2348 is hereby amended to read as follows: 38-
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2348. (a) (1) For the purpose of this section, a person charged as a juvenile
is incompetent for adjudication as a juvenile offender if, because of mental
illness or defect, such person is unable to:
(1)(A) Understand the nature and purpose of the proceedings; or
(2)(B) make or assist in making a defense.
(2) Whenever the words "competent," "competency," "incompetent"
and "incompetency" are used without qualification in this code, such
words shall refer to the standard for incompetency described in this
subsection.
(b) (1) If at any time after such person has been charged as a juvenile
there is reason to believe that the juvenile is incompetent for adjudication
as a juvenile offender, the proceedings shall be suspended and the court
before whom the case is pending shall conduct a hearing to determine the
competency of the juvenile. Such a hearing may be held upon the motion
of the juvenile's attorney or the prosecuting attorney, or upon the court's
own motion.
(2) The court shall determine the issue of competency. To facilitate in
this determination, the court may: (A) Appoint a licensed psychiatrist or
psychologist to examine the juvenile; or (B) designate a private or public
mental health facility to conduct a psychiatric or psychological
examination and report to the court. If the examining psychiatrist,
psychologist or private or public mental health facility determines that
further examination is necessary, the court may commit the juvenile for not
more than 60 days to any appropriate public or private institution for
examination and report to the court. For good cause shown, the
commitment may be extended for another 60 days. No statement made by
the juvenile in the course of any examination provided for by this section,
whether the examination is with or without the consent of the juvenile,
shall be admitted in evidence against the juvenile in any hearing.
(3) Unless the court finds the attendance of the juvenile would be
injurious to the juvenile's health, the juvenile shall be present personally at
all proceedings under this section.
(c) If the juvenile is found to be competent, the proceedings which
have been suspended shall be resumed.
(d) If the juvenile is found to be incompetent, the juvenile shall
remain subject to the jurisdiction of the court and shall be committed for
evaluation and treatment pursuant to K.S.A. 38-2349 and 38-2350, and
amendments thereto. One or both parents of the juvenile may be ordered to
pay child support pursuant to the Kansas child support guidelines. Upon
application of the juvenile and in the discretion of the court, the juvenile
may be released to any appropriate private institution upon terms and
conditions prescribed by the court.
(e) If at any time after proceedings have been suspended under this
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section, there are reasonable grounds to believe that a juvenile who has
been adjudged incompetent is now competent, the court in which the case
is pending shall conduct a hearing to determine the juvenile's present
mental condition. Reasonable notice of the hearings shall be given to the
prosecuting attorney, the juvenile and the juvenile's attorney of record, if
any. If the court, following the hearing, finds the juvenile to be competent,
the pending proceedings shall be resumed.
Sec. 18. K.S.A. 38-2360 is hereby amended to read as follows: 38-
2360. (a) At any time after the juvenile has been adjudicated to be a
juvenile offender, the court shall order one or more of the tools described
in this subsection to be submitted to assist the court unless the court finds
that adequate and current information from a risk and needs assessment is
available from a previous investigation, report or other sources:
(1) An evaluation and written report by a mental health or a qualified
professional stating the psychological or emotional development or needs
of the juvenile. The court also may order a report from any mental health
or qualified professional who has previously evaluated the juvenile stating
the psychological or emotional development needs of the juvenile. If the
court orders an evaluation as provided in this section, a parent of the
juvenile shall have the right to obtain an independent evaluation at the
expense of no cost to the parent. If the evaluation indicates that the
juvenile requires acute inpatient mental health or substance abuse
treatment, the court shall have the authority to compel an assessment by
the secretary for aging and disability services. The court may use the
results to inform a treatment and payment plan according to the same
eligibility process used for non-court-involved youth. No juvenile or
juvenile's parent, guardian or custodian shall be required to pay for
treatment ordered by the court pursuant to this section.
(2) A report of the medical condition and needs of the juvenile. The
court also may order a report from any physician who has been attending
the juvenile, stating the diagnosis, condition and treatment afforded the
juvenile.
(3) An educational needs assessment of the juvenile from the chief
administrative officer of the school which the juvenile attends or attended
to provide to the court information that is readily available which the
school officials feel would properly indicate the educational needs of the
juvenile. The educational needs assessment may include a meeting
involving any of the following: (A) The juvenile's parents; (B) the
juvenile's teacher or teachers; (C) the school psychologist; (D) a school
special services representative; (E) a representative of the commissioner;
(F) the juvenile's court appointed special advocate; (G) the juvenile's foster
parents or legal guardian; and (H) other persons that the chief
administrative officer of the school, or the officer's designee, deems
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appropriate.
(4) Any other presentence investigation and report from a court
services officer which includes: (A) The circumstances of the offense; (B)
the attitude of the complainant, victim or the victim's family; (C) the
record of juvenile offenses; (D) the social history of the juvenile; and (E)
the present condition of the juvenile. Except where specifically prohibited
by law, all local governmental public and private educational institutions
and state agencies shall furnish to the officer conducting the
predispositional investigation the records the officer requests.
Predispositional investigations shall contain other information prescribed
by the court.
(5) The court in its discretion may direct that the parents submit a
domestic relations affidavit.
(b) A summary of the results from a risk and needs assessment shall
be provided to the court post-adjudication, predisposition and used to
inform supervision levels. A single, uniform risk and needs assessment
shall be adopted by the office of judicial administration and the department
of corrections to be used in all judicial districts. The office of judicial
administration and the secretary of corrections shall establish cutoff scores
determining risk levels of juveniles. Training on such risk and needs
assessment shall be required for all administrators of the assessment. Data
shall be collected on the results of the assessment to inform a validation
study on the Kansas juvenile justice population to be conducted by June
30, 2020.
(c) Expenses and fees for post adjudication post-adjudication tools
may be waived or, including the fees described in subsections (a)(1)
through (a)(4), shall not be assessed pursuant to K.S.A. 38-2314(c)(2), and
amendments thereto against a juvenile or a juvenile's parent, guardian or
custodian.
(d) Except as otherwise prohibited by law or policy, the court shall
make any of the reports ordered pursuant to subsection (a) available to the
attorneys and shall allow the attorneys a reasonable time to review the
report before ordering the sentencing of the juvenile offender.
(e) At any time prior to sentencing, the judge, at the request of a
party, shall hear additional evidence as to proposals for reasonable and
appropriate sentencing of the case.
(f) If a juvenile is being held in detention, a dispositional hearing to
sentence the juvenile offender shall take place within 45 days after such
juvenile offender has been adjudicated.
Sec. 19. K.S.A. 38-2361 is hereby amended to read as follows: 38-
2361. (a) Upon adjudication as a juvenile offender pursuant to K.S.A. 38-
2356, and amendments thereto, modification of sentence pursuant to
K.S.A. 38-2367, and amendments thereto, or violation of a condition of
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sentence pursuant to K.S.A. 38-2368, and amendments thereto, the court
may impose one or more of the following sentencing alternatives for a
fixed period pursuant to K.S.A. 38-2369 and 38-2391, and amendments
thereto.
(1) Place the juvenile on probation for a fixed period pursuant to
K.S.A. 38-2391, and amendments thereto, subject to terms and conditions
the court deems appropriate consistent with juvenile justice programs in
the community. Any juvenile placed on probation shall be supervised
according to the juvenile's risk and needs as determined by a risk and
needs assessment. Placement of juvenile offenders to community
corrections for probation supervision shall be limited to offenders
adjudicated for an offense that are determined to be moderate-risk, high-
risk or very high-risk on a risk and needs assessment using the cutoff
scores established by the secretary pursuant to K.S.A. 38-2360, and
amendments thereto.
(2) Order the juvenile to participate in a community based
community-based program available in such judicial district subject to the
terms and conditions the court deems appropriate. No financial terms or
conditions, including, but not limited to, payment of any costs or fees,
shall be placed on the juvenile or the juvenile's parent, guardian or
custodian for participation in such program. This alternative shall not be
ordered with the alternative in paragraph (11) (9). Requirements pertaining
to child support may apply if custody is vested with other than a parent.
(3) Place the juvenile in the custody of a parent or other suitable
person, which is not a group home or other facility licensed pursuant to
article 5 of chapter 65 of the Kansas Statutes Annotated, and amendments
thereto, subject to terms and conditions consistent with juvenile justice
programs in the community. No financial terms or conditions, including,
but not limited to, payment of any costs or fees, shall be placed on the
juvenile or the juvenile's parent, guardian or custodian. This alternative
shall not be ordered with the alternative in paragraph (11) (9).
Requirements pertaining to child support may apply if custody is vested
with other than a parent.
(4) Order the juvenile to attend counseling, educational, mediation or
other sessions, or to undergo a drug evaluation pursuant to subsection (b).
(5) Suspend or restrict the juvenile's driver's license or privilege to
operate a motor vehicle on the streets and highways of this state pursuant
to subsection (c).
(6) Order the juvenile to perform charitable or community service
work.
(7) Order the juvenile to make appropriate reparation or restitution
pursuant to subsection (d).
(8) Order the juvenile to pay a fine not exceeding $1,000 pursuant to
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subsection (e).
(9) Place the juvenile under a house arrest program administered by
the court pursuant to K.S.A. 21-6609, and amendments thereto, except that
K.S.A. 21-6609(g), and amendments thereto, shall not apply. The juvenile
and the juvenile's parent, guardian or custodian shall not be required to
pay any costs or fees associated with house arrest, electronic monitoring
or remote alcohol monitoring.
(10) Place the juvenile in the custody of the secretary of corrections
as provided in K.S.A. 38-2365, and amendments thereto. This alternative
shall not be ordered with the alternative in paragraph (3) or (12). Except
for mandatory drug and alcohol evaluation, when this alternative is
ordered with alternatives in paragraphs (2), (4) and (9), such orders shall
constitute a recommendation by the court. Requirements pertaining to
child support shall apply under this alternative. The provisions of this
paragraph shall expire on January 1, 2018.
(11)(9) Upon a violation of a condition of sentence, other than a
technical violation pursuant to K.S.A. 38-2368, and amendments thereto,
commit the juvenile to detention for a period no longer than 30 days
subject to the provisions of subsection (g).
(12)(10) If the judge finds and enters into the written record that the
juvenile poses a significant risk of harm to another or damage to property,
and the juvenile is otherwise eligible for commitment pursuant to K.S.A.
38-2369, and amendments thereto, commit the juvenile directly to the
custody of the secretary of corrections for placement in a juvenile
correctional facility or a youth residential facility. Placement in a youth
residential facility shall only be permitted as authorized in K.S.A. 38-
2369(e), and amendments thereto. If the court elects, a period of
conditional release pursuant to K.S.A. 38-2369, and amendments thereto,
may also be ordered. The period of conditional release shall be limited to a
maximum of six months and shall be subject to graduated responses.
Twenty-one days prior to the juvenile's release from a juvenile correctional
facility, the secretary of corrections or designee shall notify the court of the
juvenile's anticipated release date. This alternative may be ordered with the
alternative in paragraph (7). Requirements pertaining to child support shall
apply under this alternative.
(13)(11) Upon a finding by the trier of fact during adjudication that a
firearm was used in the commission of an offense by the accused which, if
committed by an adult, would constitute a felony, a judge may commit the
juvenile directly to the custody of the secretary of corrections for
placement in a juvenile correctional facility or youth residential facility for
a minimum term of six months and up to a maximum term of 18 months,
regardless of the risk level of such juvenile as determined by a risk and
needs assessment. If the juvenile is committed to the custody of the
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secretary, and the court elects, a period of conditional release, pursuant to
K.S.A. 38-2369, and amendments thereto, may also be ordered. The period
of conditional release shall be limited to a maximum of six months and
shall be subject to graduated responses. Twenty-one days prior to the
juvenile's release from a juvenile correctional facility or youth residential
facility, the secretary of corrections or the secretary's designee shall notify
the court of the juvenile's anticipated release date.
(b) If the court orders the juvenile to attend counseling, educational,
mediation or other sessions, or to undergo a drug and alcohol evaluation
pursuant to subsection (a)(4), the following provisions apply:
(1) The court may order the juvenile offender to participate in
counseling or mediation sessions or a program of education, including
placement in an alternative educational program approved by a local
school board. The costs of any counseling or mediation may shall not be
assessed as expenses in the case. No mental health center shall charge a fee
for court-ordered counseling greater than what the center would have
charged the person receiving the counseling if the person had requested
counseling on the person's own initiative. No mediator shall charge a fee
for court-ordered mediation greater than what the mediator would have
charged the person participating in the mediation if the person had
requested mediation on the person's own initiative. Mediation may include
the victim but shall not be mandatory for the victim; and
(2) if the juvenile has been adjudicated to be a juvenile by reason of a
violation of a statute that makes such a requirement, the court shall order
and, if adjudicated for any other offense, the court may order the juvenile
to submit to and complete a drug and alcohol evaluation by a community-
based drug and alcohol safety action program certified pursuant to K.S.A.
8-1008, and amendments thereto, and to pay a fee not to exceed the fee
established by that statute for such evaluation. The court may waive the
mandatory evaluation if the court finds that the juvenile completed a drug
and alcohol evaluation, approved by the community-based alcohol and
drug safety action program, within 12 months before sentencing. If the
evaluation occurred more than 12 months before sentencing, the court
shall order the juvenile to resubmit to and complete the evaluation and
program as provided herein. If the court finds that the juvenile and those
legally liable for the juvenile's support are indigent, the court may waive
the fee. In no event shall The fee shall not be assessed against the secretary
of corrections or the department of corrections nor shall the fee be
assessed against the secretary of the department for children and families
or the Kansas department for children and families if the juvenile is in the
secretary's care, custody and control. The court shall not assess any fee for
the evaluation or program, including, but not limited to, any ongoing
required drug or alcohol testing, against the juvenile, the juvenile's parent,
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guardian or custodian.
(c) If the court orders suspension or restriction of a juvenile offender's
driver's license or privilege to operate a motor vehicle on the streets and
highways of this state pursuant to subsection (a)(5), the following
provisions apply:
(1) The duration of the suspension ordered by the court shall be for a
definite time period to be determined by the court. Upon suspension of a
license pursuant to this subsection, the court shall require the juvenile
offender to surrender the license to the court. The court shall transmit the
license to the division of motor vehicles of the department of revenue, to
be retained until the period of suspension expires. At that time, the licensee
may apply to the division for return of the license. If the license has
expired, the juvenile offender may apply for a new license, which shall be
issued promptly upon payment of the proper fee and satisfaction of other
conditions established by law for obtaining a license unless another
suspension or revocation of the juvenile offender's privilege to operate a
motor vehicle is in effect. As used in this subsection, "highway" and
"street" have the meanings provided by mean the same as defined in
K.S.A. 8-1424 and 8-1473, and amendments thereto. Any juvenile
offender who does not have a driver's license may have driving privileges
revoked. No Kansas driver's license shall be issued to a juvenile offender
whose driving privileges have been revoked pursuant to this section for a
definite time period to be determined by the court; and
(2) in lieu of suspending a juvenile offender's driver's license or
privilege to operate a motor vehicle on the highways of this state, the court
may enter an order which places conditions on the juvenile offender's
privilege of operating a motor vehicle on the streets and highways of this
state, a certified copy of which the juvenile offender shall be required to
carry any time the juvenile offender is operating a motor vehicle on the
streets and highways of this state. The order shall prescribe a definite time
period for the conditions imposed. Upon entering an order restricting a
juvenile offender's license, the court shall require the juvenile offender to
surrender such juvenile offender's license to the court. The court shall
transmit the license to the division of vehicles, together with a copy of the
order. Upon receipt thereof, the division of vehicles shall issue without
charge a driver's license which shall indicate on its face that conditions
have been imposed on the juvenile offender's privilege of operating a
motor vehicle and that a certified copy of the order imposing the
conditions is required to be carried by the juvenile offender when
operating a motor vehicle on the streets and highways of this state. If the
juvenile offender is a nonresident, the court shall cause a copy of the order
to be transmitted to the division and the division shall forward a copy of it
to the motor vehicle administrator of the juvenile offender's state of
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issuance. The court shall furnish to any juvenile offender whose driver's
license has had conditions imposed on it under this section a copy of the
order, which shall be recognized as a valid Kansas driver's license until the
division issues the restricted license provided for in this subsection. Upon
expiration of the period of time for which conditions are imposed pursuant
to this subsection, the juvenile offender may apply to the division for the
return of the license previously surrendered by the juvenile offender. In the
event the license has expired, the juvenile offender may apply to the
division for a new license, which shall be issued immediately by the
division upon payment of the proper fee and satisfaction of the other
conditions established by law unless such juvenile offender's privilege to
operate a motor vehicle on the streets and highways of this state has been
suspended or revoked prior thereto. If any juvenile offender violates any of
the conditions imposed under this subsection, the juvenile offender's
driver's license or privilege to operate a motor vehicle on the streets and
highways of this state shall be revoked for a period as determined by the
court in which the juvenile offender is convicted of violating such
conditions.
(d) The following provisions apply to the court's determination of
whether to order reparation or restitution pursuant to subsection (a)(7):
(1) The court shall order the juvenile to make reparation or restitution
to the aggrieved party for the damage or loss caused by the juvenile
offender's offense unless it finds compelling circumstances that would
render a plan of reparation or restitution unworkable. If the court finds
compelling circumstances that would render a plan of reparation or
restitution unworkable, the court shall enter such findings with
particularity on the record. In lieu of reparation or restitution, the court
may order the juvenile to perform charitable or social service for
organizations performing services for the community; and
(2) restitution may include, but shall not be limited to, the amount of
damage or loss caused by the juvenile's offense. Restitution may be made
by payment of an amount fixed by the court or by working for the parties
sustaining loss in the manner ordered by the court. An order of monetary
restitution shall be a judgment against the juvenile that may be collected
by the court by garnishment or other execution as on judgments in civil
cases. Such judgment shall not be affected by the termination of the court's
jurisdiction over the juvenile offender.
(e) If the court imposes a fine pursuant to subsection (a)(8), the
following provisions apply:
(1) The amount of the fine may not exceed $1,000 for each offense.
The amount of the fine should be related to the seriousness of the offense
and the juvenile's ability to pay. Payment of a fine may be required in a
lump sum or installments;
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(2) in determining whether to impose a fine and the amount to be
imposed, the court shall consider that imposition of a fine is most
appropriate in cases where the juvenile has derived pecuniary gain from
the offense and that imposition of a restitution order is preferable to
imposition of a fine; and
(3) any fine imposed by court shall be a judgment against the juvenile
that may be collected by the court by garnishment or other execution as on
judgments in civil cases. Such judgment shall not be affected by the
termination of the court's jurisdiction over the juvenile.
(f) Before the court sentences a juvenile offender pursuant to
subsection (a), the court shall administer a risk assessment tool, as
described in K.S.A. 38-2360, and amendments thereto, or review a risk
assessment tool that was administered within the past six months to the
juvenile and use the results of that assessment to inform orders made
pursuant to K.S.A. 38-2369 and 38-2391, and amendments thereto.
(g)(f) If the court commits the juvenile to detention pursuant to
subsection (a)(11) (a)(9), the following provisions shall apply:
(1) The court shall only order commitment to detention upon
violation of sentencing conditions where all other alternatives have been
exhausted. The court shall not order commitment to detention for
nonpayment of any fine, fee cost or restitution, including in cases where
nonpayment constitutes a violation of sentencing conditions.
(2) In order to commit a juvenile to detention upon violation of
sentencing conditions, the court shall find that the juvenile poses a
significant risk of harm to another or damage to property, is charged with a
new felony offense, or violates conditional release. No such finding shall
be based in whole or in part on:
(A) Nonpayment of fines, fees, costs or other financial obligations by
the juvenile, the juvenile's parent, guardian or custodian; or
(B) a juvenile's noncompliance with any sentencing condition that
would require a juvenile or a juvenile's parent, guardian or custodian to
pay money in order to comply.
(3) The court shall not order commitment to detention upon
adjudication as a juvenile offender pursuant to K.S.A. 38-2356, and
amendments thereto, for solely technical violations of probation, contempt,
a violation of a valid court order, to protect from self-harm or due to any
state or county failure to find adequate alternatives.
(4) Cumulative detention use shall be limited to a maximum of 45
days over the course of a juvenile offender's case pursuant to K.S.A. 38-
2391, and amendments thereto. The court shall review any detention
commitment every seven days and may shorten the initial commitment or
extend the commitment. In no case, however, may the term of detention or
any extension thereof exceed the cumulative detention limit of 45 days or
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the overall case length limit.
(5) A juvenile over 18 years of age and less than 23 years of age at
sentencing shall be committed to a county jail, in lieu of a juvenile
detention center, under the same time restrictions imposed by paragraph
(1), but shall not be committed to or confined in a juvenile detention
facility.
(h)(g) Any order issued by the judge pursuant to this section shall be
in effect immediately upon entry into the court's minutes.
(i)(h) In addition to the requirements of K.S.A. 38-2373, and
amendments thereto, if a person is under 18 years of age and convicted of
a felony or adjudicated as a juvenile offender for an offense if committed
by an adult would constitute the commission of a felony, the court shall
forward a signed copy of the journal entry to the secretary of corrections
within 30 days of final disposition.
(j)(i) Except as further provided, if a juvenile has been adjudged to be
a juvenile offender for an offense which, if committed by an adult would
constitute the commission of: (1) Aggravated human trafficking, as defined
in K.S.A. 21-5426(b), and amendments thereto, if the victim is less than 14
years of age; (2) rape, as defined in K.S.A. 21-5503(a)(3), and
amendments thereto; (3) aggravated indecent liberties with a child, as
defined in K.S.A. 21-5506(b)(3), and amendments thereto; (4) aggravated
criminal sodomy, as defined in K.S.A. 21-5504(b)(1) or (b)(2), and
amendments thereto; (5) commercial sexual exploitation of a child, as
defined in K.S.A. 21-6422, and amendments thereto, if the victim is less
than 14 years of age; (6) sexual exploitation of a child, as defined in
K.S.A. 21-5510(a)(1) or (a)(4), and amendments thereto, if the victim is
less than 14 years of age; or (7) an attempt, conspiracy or criminal
solicitation, as defined in K.S.A. 21-5301, 21-5302 or 21-5303, and
amendments thereto, of an offense defined in paragraphs (1) through (6);
the court shall issue an order prohibiting the juvenile from attending the
attendance center that the victim of the offense attends. If only one
attendance center exists, for which the victim and juvenile are eligible to
attend, in the school district where the victim and the juvenile reside, the
court shall hear testimony and take evidence from the victim, the juvenile,
their families and a representative of the school district as to why the
juvenile should or should not be allowed to remain at the attendance center
attended by the victim. After such hearing, the court may issue an order
prohibiting the juvenile from attending the attendance center that the
victim of the offense attends.
(k)(j) The court may order a short-term alternative placement of a
juvenile pursuant to subsection (a)(3) in an emergency shelter, therapeutic
foster home or community integration program if:
(1) Such juvenile has been adjudicated to be a juvenile offender for
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an offense which, if committed by an adult would constitute the
commission of:
(A) Aggravated human trafficking, as defined in K.S.A. 21-5426(b),
and amendments thereto, if the victim is less than 14 years of age;
(B) rape, as defined in K.S.A. 21-5503, and amendments thereto;
(C) commercial sexual exploitation of a child, as defined in K.S.A.
21-6422, and amendments thereto, if the victim is less than 14 years of
age;
(D) sexual exploitation of a child, as defined in K.S.A. 21-5510(a)(1)
or (a)(4), and amendments thereto, if the victim is less than 14 years of
age;
(E) aggravated indecent liberties with a child, as defined in K.S.A.
21-5506, and amendments thereto, if the victim is less than 14 years of
age; or
(F) an attempt, conspiracy or criminal solicitation, as defined in
K.S.A. 21-5301, 21-5302 or 21-5303, and amendments thereto, of an
offense defined in paragraphs (1) through (4); and
(2) (A) the victim resides in the same home as the juvenile offender;
(B) a community supervision officer in consultation with the
department for children and families determines that an adequate safety
plan, which shall include the physical and psychological well-being of the
victim, cannot be developed to keep the juvenile in the same home; and
(C) there are no relevant child in need of care issues that would
permit a case to be filed under the Kansas code for care of children.
The presumptive term of commitment shall not extend beyond the
overall case length limit but may be modified pursuant to K.S.A. 38-2367
and 38-2397, and amendments thereto. If a child is placed outside the
child's home at the dispositional hearing pursuant to this subsection and no
reintegration plan is made a part of the record of the hearing, a written
reintegration plan shall be prepared pursuant to K.S.A. 38-2397, and
amendments thereto, and submitted to the court within 15 days of the
initial order of the court.
(l)(k) The sentencing hearing shall be open to the public as provided
in K.S.A. 38-2353, and amendments thereto.
(m)(l) The overall case length limit shall be calculated by the court
and entered into the written record when one or more of the sentencing
options under this section are imposed. The period fixed by the court
pursuant to subsection (a) shall not extend beyond the overall case length
limit.
Sec. 20. K.S.A. 38-2362 is hereby amended to read as follows: 38-
2362. (a) When sentencing a juvenile offender, the court may order a
juvenile offender's parent to participate in any evidence-based program
designed to rehabilitate the juvenile, including, but not limited to: (1)
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Counseling, mediation sessions or an alcohol and drug evaluation and
treatment program ordered as part of the juvenile offender's sentence under
K.S.A. 38-2361, and amendments thereto; or (2) parenting classes.
(1) Upon entering an order requiring a juvenile offender's parent to
attend counseling sessions or mediation, the court shall give the parent
notice of the order. The notice shall inform the parent of the parent's right
to request a hearing within 14 days after entry of the order and the parent's
right to employ an attorney to represent the parent at the hearing or, if the
parent is financially unable to employ an attorney, the parent's right to
request the court to appoint an attorney to represent the parent.
(2) If the parent does not request a hearing within 14 days after entry
of the order, the order shall take effect at that time.
(3) If the parent requests a hearing, the court shall set the matter for
hearing and, if requested, shall appoint an attorney to represent the parent.
The expense and fees of the appointed attorney may be allowed and
assessed as provided by K.S.A. 38-2306, and amendments thereto.
(b) In addition to any other orders provided for by this section, The
parent of a juvenile offender may shall not be held responsible for the
costs of sanctions, including, but not limited to, the cost of a house arrest
program, any evidence-based program ordered under subsection (a), any
parenting class ordered under subsection (a) or the support of the juvenile
offender as follows:
(1) The board of county commissioners of a county may provide by
resolution that the parent of any juvenile offender placed under a house
arrest program pursuant to subsection (a)(9) of K.S.A. 38-2361, and
amendments thereto, shall be required to pay to the county the cost of such
house arrest program. The board of county commissioners shall prepare a
sliding financial scale based on the ability of the parent to pay for such a
program.
(2) If child support has been requested and a parent has a duty to
support the juvenile offender, the court may order, and when custody is
placed with the commissioner shall order, one or both parents to pay child
support. The court shall determine, for each parent separately, whether the
parent already is subject to an order to pay support for the juvenile. If the
parent currently is not ordered to pay support for the juvenile and the court
has personal jurisdiction over the parent, the court shall order the parent to
pay child support in an amount determined under K.S.A. 38-2319, and
amendments thereto. Except for good cause shown, the court shall issue an
immediate income withholding order pursuant to K.S.A. 23-3101 et seq.,
and amendments thereto, for each parent ordered to pay support under this
subsection, regardless of whether a payor has been identified for the
parent. A parent ordered to pay child support under this subsection shall be
notified, at the hearing or otherwise, that the child support order may be
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registered pursuant to K.S.A. 38-2321, and amendments thereto. The
parent also shall be informed that, after registration, the income
withholding order may be served on the parent's employer without further
notice to the parent and the child support order may be enforced by any
method allowed by law. Failure to provide this notice shall not affect the
validity of the child support order when placed out of the home.
Sec. 21. K.S.A. 38-2369 is hereby amended to read as follows: 38-
2369. (a) Except as provided in subsection (e) and K.S.A. 38-2361(a)(13)
(a)(11), for the purpose of committing juvenile offenders to a juvenile
correctional facility, upon a finding by the judge entered into the written
order that the juvenile poses a significant risk of harm to another or
damage to property, the following placements shall be applied by the judge
in the cases specified in this subsection. If used, the court shall establish a
specific term of commitment as specified in this subsection. The term of
commitment established by the court shall not exceed the overall case
length limit. Before a juvenile offender is committed to a juvenile
correctional facility pursuant to this section, the court shall administer a
risk assessment tool, as described in K.S.A. 38-2360, and amendments
thereto, or review a risk assessment tool that was administered within the
past six months to the juvenile.
(1) Violent Offenders. (A) The violent offender I is defined as an
offender adjudicated as a juvenile offender for an offense which, if
committed by an adult, would constitute an off-grid felony. Offenders in
this category may be committed to a juvenile correctional facility for a
minimum term of 60 months and up to a maximum term of the offender
reaching the age of 22 years, six months. The aftercare term for this
offender is set at a minimum term of six months and up to a maximum
term of the offender reaching the age of 23 years.
(B) The violent offender II is defined as an offender adjudicated as a
juvenile offender for an offense which, if committed by an adult, would
constitute a nondrug severity level 1, 2 or 3 felony. Offenders in this
category may be committed to a juvenile correctional facility for a
minimum term of 24 months and up to a maximum term of the offender
reaching the age of 22 years, six months. The aftercare term for this
offender is set at a minimum term of six months and up to a maximum
term of the offender reaching the age of 23 years.
(2) Serious Offenders. (A) The serious offender I is defined as an
offender adjudicated as a juvenile offender for an offense which, if
committed by an adult, would constitute a nondrug severity level 4, person
felony.
Offenders in this category may be committed to a juvenile correctional
facility for a minimum term of 18 months and up to a maximum term of 36
months. The aftercare term for this offender is set at a minimum term of
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six months and up to a maximum term of 24 months.
(B) The serious offender II is defined as an offender adjudicated as a
juvenile offender for an offense:
(i) Committed prior to July 1, 2012, which, if committed by an adult
prior to July 1, 2012, would constitute a drug severity level 1 or 2 felony;
or
(ii) committed on or after July 1, 2012, which, if committed by an
adult on or after July 1, 2012, would constitute a drug severity level 1, 2 or
3 felony or a nondrug severity level 5 or 6 person felony.
Offenders in this category may be committed to a juvenile correctional
facility for a minimum term of nine months and up to a maximum term of
18 months.
(C) The serious offender III is defined as an offender adjudicated as a
juvenile offender for an offense which, if committed by an adult, would
constitute a nondrug severity level 7, 8, 9 or 10 person felony with one
prior felony adjudication. Offenders in this category may only be
committed to a juvenile correctional facility if such offenders are assessed
as high-risk on a risk and needs assessment. Offenders in this category
may be committed to a juvenile correctional facility for a minimum term
of six months and up to a maximum term of 12 months.
(3) Chronic Offenders. (A) The chronic offender I, chronic felon is
defined as an offender adjudicated as a juvenile offender for an offense:
(i) Which, if committed by an adult, would constitute one present
nonperson felony adjudication and two prior felony adjudications;
(ii) committed prior to July 1, 2012, which, if committed by an adult
prior to July 1, 2012, would constitute one present drug severity level 3
felony adjudication and two prior felony adjudications; or
(iii) committed on or after July 1, 2012, which, if committed by an
adult on or after July 1, 2012, would constitute one present drug severity
level 4 felony adjudication and two prior felony adjudications.
Offenders in this category may only be committed to a juvenile
correctional facility if such offenders are assessed as high-risk on a risk
and needs assessment. Offenders in this category may be committed to a
juvenile correctional facility for a minimum term of six months and up to a
maximum term of 12 months.
(b) Conditional Release. If the court elects, a period of conditional
release may also be ordered pursuant to K.S.A. 38-2361, and amendments
thereto. The period of conditional release shall be limited to a maximum of
six months and shall be subject to graduated responses. The presumption
upon release shall be a return to the juvenile's home, unless the case plan
developed pursuant to K.S.A. 38-2373, and amendments thereto,
recommends a different reentry plan.
(1) Upon finding the juvenile violated a requirement or requirements
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of conditional release, the court may enter one or more of the following
orders:
(A) Recommend additional conditions be added to those of the
existing conditional release.
(B) Order the offender to serve a period of detention pursuant to
K.S.A. 38-2361(g)(f), and amendments thereto.
(C) Revoke or restrict the juvenile's driving privileges as described in
K.S.A. 38-2361(c), and amendments thereto.
(2) Discharge the offender from the custody of the secretary of
corrections, release the secretary of corrections from further
responsibilities in the case and enter any other appropriate orders.
(c) As used in this section "adjudication" includes out-of-state
juvenile adjudications. An out-of-state offense, which if committed by an
adult would constitute the commission of a felony or misdemeanor, shall
be classified as either a felony or a misdemeanor according to the
adjudicating jurisdiction. If an offense which if committed by an adult
would constitute the commission of a felony is a felony in another state, it
will be deemed a felony in Kansas. The state of Kansas shall classify the
offense, which if committed by an adult would constitute the commission
of a felony or misdemeanor, as person or nonperson. In designating such
offense as person or nonperson, reference to comparable offenses shall be
made. If the state of Kansas does not have a comparable offense, the out-
of-state adjudication shall be classified as a nonperson offense.
(d) The secretary of corrections shall work with the community to
provide on-going support and incentives for the development of additional
evidence-based community practices and programs to ensure that the
juvenile correctional facility is not frequently utilized.
(e) There shall be a rebuttable presumption that all offenders in the
chronic offender category and offenders at least 10 years of age but less
than 14 years of age in the serious offender II or III category, shall be
placed in the custody of the secretary for placement in a youth residential
facility in lieu of placement in the juvenile correctional facility. This
presumption may be rebutted by a finding on the record that the juvenile
offender poses a significant risk of physical harm to another.
Sec. 22. K.S.A. 38-2373 is hereby amended to read as follows: 38-
2373. (a) Actions by the court. (1) When a juvenile offender has been
committed to a juvenile correctional facility, the clerk of the court shall
promptly notify the secretary of corrections of the commitment and
provide the secretary with a certified copy of the complaint, the journal
entry of the adjudication and sentencing. The court shall provide those
items from the social file which could relate to a rehabilitative program. If
the court wishes to recommend placement of the juvenile offender in a
specific juvenile correctional facility, the recommendation shall be
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included in the sentence. After the court has received notice of the juvenile
correctional facility designated as provided in subsection (b), it shall be the
duty of the court or the sheriff of the county to deliver the juvenile
offender to the facility at the time designated by the secretary.
(2) When a juvenile offender is residing in a juvenile correctional
facility and is required to go back to court for any reason, the county
demanding the juvenile's presence shall be responsible for transportation,
detention, custody and control of such offender. In these cases, the county
sheriff shall be responsible for all transportation, detention, custody and
control of such offender.
(b) Actions by the secretary. (1) Within three days, excluding
Saturdays, Sundays and legal holidays, after receiving notice of
commitment as provided in subsection (a), the secretary shall notify the
committing court of the facility to which the juvenile offender should be
conveyed, and when to effect the immediate transfer of custody and
control to the department of corrections. The date of admission shall be no
more than five days, excluding Saturdays, Sundays and legal holidays,
after the notice to the committing court. Until received at the designated
facility, the continuing detention, custody, and control of and transport for
a juvenile offender sentenced to a direct commitment to a juvenile
correctional facility shall be the responsibility of the committing county.
(2) Except as provided by K.S.A. 38-2332, and amendments thereto,
the secretary may make any temporary out-of-home placement the
secretary deems appropriate pending placement of the juvenile offender in
a juvenile correctional facility, and the secretary shall notify the court,
local law enforcement agency and school district in which the juvenile will
be residing if the juvenile is still required to attend a secondary school of
that placement.
(c) Transfers. During the time a juvenile offender remains committed
to a juvenile correctional facility, the secretary may transfer the juvenile
offender from one juvenile correctional facility to another.
(d) Case planning. For all juveniles committed to a juvenile
correctional facility pursuant to K.S.A. 38-2361(a)(11)(a)(10), and
amendments thereto, a case plan shall be developed with input from the
juvenile and the juvenile's family. For all those committed upon violation
of a condition of sentence pursuant to K.S.A. 38-2368, and amendments
thereto, the case plan developed with the juvenile's community supervision
officer shall be revised to reflect the new disposition. The department for
children and families, the local school district in which the juvenile
offender will be residing and community supervision officers may also
participate in the development or revision of the case plan when
appropriate. The case plan shall incorporate the results of the risk and
needs assessment, the programs and education to complete while in
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custody and shall clearly define the role of each person or agency working
with the juvenile. The case plan shall include a reentry section, detailing
services, education, supervision or any other elements necessary for a
successful transition. The reentry section of the case plan shall also include
information on reintegration of the juvenile into such juvenile's family or,
if reintegration is not a viable alternative, another viable release option. If
the juvenile is to be placed on conditional release pursuant to K.S.A. 38-
2369, the case plan shall be developed with the community supervision
officer.
Sec. 23. K.S.A. 38-2384 is hereby amended to read as follows: 38-
2384. When an appeal is taken pursuant to this code, fees of an attorney
appointed to represent the juvenile offender shall be fixed by the district
court. The fees, together with the costs of transcripts and records on
appeal, shall be taxed as expenses on appeal paid from the county general
fund and shall not be subject to reimbursement by the juvenile or the
juvenile's parent, guardian or custodian. The court on appeal may assess
the fees and expenses against the appealing party or order that they be paid
from the county general fund. When the court orders the fees and expenses
assessed against the appealing party:
(a) The fees and expenses shall be paid from the county general fund,
subject to reimbursement by the appealing party; and
(b) the county may enforce the order as a civil judgment, except the
county shall not be required to pay the docket fee or fee for execution.
Sec. 24. K.S.A. 38-2389 is hereby amended to read as follows: 38-
2389. (a) Findings and purpose. The following findings and declaration of
purpose apply to this section.
(1) The legislature finds that personal and familial circumstances may
contribute to the commission of offenses by juveniles who represent a
minimal threat to public safety and that in such cases it would further the
interests of society and the juvenile to take an approach to adjudication
that combines less formal procedures, appropriate disciplinary sanctions
for misconduct and the provision of necessary services.
(2) It is the purpose of this section to provide prosecutors with an
alternative means of adjudication for juvenile offenders who present a
minimal threat to public safety and both the juvenile and society would
benefit from such approach.
(b) Designation. A county or district attorney with jurisdiction over
the offense who believes that proceedings under this section are
appropriate may, in such county or district attorney's discretion, designate
any alleged juvenile offender for adjudication under this section and not
seek application of a placement within the placement matrix pursuant to
K.S.A. 38-2369, and amendments thereto, if the alleged juvenile has fewer
than two prior adjudications.
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(1) The county or district attorney shall make such designation in the
original complaint or by written notice filed with the court and served on
the juvenile, the juvenile's counsel and the juvenile's parent or legal
guardian within 14 days after the filing of the complaint.
(2) The filing of a written application for immediate intervention
under K.S.A. 38-2346, and amendments thereto, shall toll the running of
the 14-day period and shall resume upon the issuance of a written denial of
diversion.
(3) If the county or district attorney makes such designation, the
juvenile may be referred to an immediate intervention program established
pursuant to K.S.A. 38-2346, and amendments thereto, and in compliance
with the standards and procedures developed pursuant to K.S.A. 38-2396,
and amendments thereto.
(c) Exceptions. Except as provided in this subsection, the provisions
of the revised Kansas juvenile justice code, K.S.A. 38-2301 et seq., and
amendments thereto, shall apply in any adjudication under this section.
(1) If during the proceedings the court determines that there is
probable cause to believe that the juvenile is a child in need of care as
defined by K.S.A. 38-2202, and amendments thereto, the court shall refer
the matter to the county or district attorney, who shall file a petition as
provided in K.S.A. 38-2234, and amendments thereto, and refer the family
to the Kansas department for children and families for services. If the child
in need of care case is presided over by a different judge, the county or
district attorney shall notify the court presiding over the proceedings under
this section of pertinent orders entered in the child in need of care case.
(2) Notwithstanding any other provision of law, no juvenile shall be
committed to a juvenile correctional facility pursuant to K.S.A. 38-2361(a)
(11)(a)(10), and amendments thereto, for an offense adjudicated under this
section or for the violation of a term or condition of the disposition for
such an offense.
(3) Notwithstanding any other provision of law, no adjudication under
this section or violation of the terms and conditions of the disposition shall
be used against the juvenile in a proceeding on a subsequent offense
committed as a juvenile or as an adult. For purposes of this section, ''used
against the juvenile'' includes, but is not limited to, establishing an element
of a subsequent offense, raising the severity level of a subsequent offense
or enhancing the sentence for a subsequent offense.
(4) Upon completion of the case and the termination of the court's
jurisdiction, the court shall order the adjudication expunged, and the
provisions of K.S.A. 38-2312(a), (b), (c), (d), (e), (i), (k) and (l), and
amendments thereto, shall not apply to such expungement.
(5) Notwithstanding any other provision of law, a juvenile shall not
be required to register as an offender under the Kansas offender
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registration act, K.S.A. 22-4901 et seq., and amendments thereto, as a
result of adjudication under this section.
(6) The provisions of K.S.A. 38-2309 and 38-2310, and amendments
thereto, shall not apply to proceedings under this section.
(7) The provisions of K.S.A. 38-2347, and amendments thereto, shall
not apply to proceedings under this section.
(8) The provisions of K.S.A. 38-2304(g)(1), and amendments thereto,
shall not apply to proceedings under this section.
(9) The trial of offenses under this section shall be to the court and
the right to a trial by jury under K.S.A. 38-2357, and amendments thereto,
shall not apply.
(d) Withdrawal. At any time prior to the beginning of a hearing at
which the court may enter an order adjudicating the child as a juvenile
offender, the county or district attorney may withdraw the designation for
proceedings under this section by providing notice to the court, the
juvenile, the juvenile's attorney and guardian ad litem, if any, and the
juvenile's parent or legal guardian. Upon withdrawal of the designation,
this section shall no longer apply and the case shall proceed and the court
shall grant a continuance upon request.
(e) Appeal. An adjudication under this section is an appealable order
pursuant to K.S.A. 38-2380, and amendments thereto.
(f) This section shall be part of and supplemental to the revised
Kansas juvenile justice code.
Sec. 25. K.S.A. 38-2396 is hereby amended to read as follows: 38-
2396. (a) When a juvenile is placed outside the juvenile's home at a
dispositional hearing pursuant to K.S.A. 38-2361(k)(j), and amendments
thereto, and no reintegration plan is made a part of the record of the
hearing, a written reintegration plan shall be prepared and submitted to the
court within 15 days of the initial order of the court.
(b) The plan shall be prepared by the person who has custody or, if
directed by the court, by a community supervision officer.
(c) If there is a lack of agreement among persons necessary for the
success of the plan, the person or entity having custody of the child shall
notify the court, and the court shall set a hearing pursuant to K.S.A. 38-
2367, and amendments thereto.
(d) This section shall be a part of and supplemental to the revised
Kansas juvenile justice code.
(e) This section shall take effect on and after July 1, 2017.
Sec. 26. K.S.A. 38-2399 is hereby amended to read as follows: 38-
2399. (a) The secretary of corrections may contract for use of not more
than 50 non-foster home beds in youth residential facilities for placement
of juvenile offenders pursuant to K.S.A. 38-2361(a)(13)(a)(11), and
amendments thereto.
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(b) When contracting for services, the secretary shall:
(1) Contract with facilities that have high success rates and decrease
recidivism rates for juvenile offenders;
(2) consider contracting for bed space across the entire state to lower
the cost of transportation of juvenile offenders; and
(3) give priority to existing facilities that are able to meet the
requirements of the secretary for providing residential services to juvenile
offenders.
(c) This section shall take effect on and after January 1, 2018.
Sec. 27. K.S.A. 75-724 is hereby amended to read as follows: 75-724.
(a) Any person convicted or adjudicated of an offense that, pursuant to
K.S.A. 21-2511, and amendments thereto, requires submission of a DNA
sample upon arrest, charging or placement in custody, shall pay a separate
court cost of $200 as a Kansas bureau of investigation DNA database fee
upon conviction or adjudication.
(b) The court shall order such fees regardless of whether the person's
DNA sample was already on file with the Kansas bureau of investigation
at the time such person was arrested, charged or placed in custody, unless
the person can prove to the court that the person: (1) Has paid such fees in
connection with a prior conviction or adjudication; and (2) did not submit
specimens of blood or an oral or other biological sample authorized by the
Kansas bureau of investigation to the Kansas bureau of investigation for
the current offense of conviction or adjudication.
(c) The court shall not lessen or waive such fees unless the court has
determined such person is indigent and the basis for the court's
determination is reflected in the court's order.
(d) Such fees shall be in addition to and not in substitution for any
and all fines and penalties otherwise provided for by law for such offense.
(e) Disbursements from the Kansas bureau of investigation DNA
database fee deposited into the DNA database fee fund of the Kansas
bureau of investigation shall be made for the following:
(1) Providing DNA laboratory services;
(2) the purchase and maintenance of equipment for use by the
laboratory in performing DNA analysis; and
(3) education, training and scientific development of Kansas bureau
of investigation personnel regarding DNA analysis.
(f) Expenditures from the DNA database fee fund shall be made upon
warrants of the director of accounts and reports issued pursuant to
vouchers approved by the attorney general or by a person or persons
designated by the attorney general.
(g) All fees shall be remitted to the state treasurer in accordance with
the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt
of each such remittance, the state treasurer shall deposit the entire amount
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in the state treasury to the credit of the DNA database fee fund, which is
hereby established in the state treasury.
(h) Fees received into this fund shall be supplemental to regular
appropriations to the Kansas bureau of investigation.
(i) The fee required by this section shall not be assessed to a juvenile
who is being adjudicated as a juvenile offender for an offense that requires
submission of a DNA sample or to such juvenile's parent, guardian or
custodian.
Sec. 28. K.S.A. 12-16,119, 20-167, 20-3129, 21-6609, 22-4905, 28-
170, 28-170a, 28-176, 38-2306, 38-2312, 38-2314, 38-2315, 38-2317, 38-
2319, 38-2321, 38-2322, 38-2324, 38-2328, 38-2331, 38-2346, 38-2348,
38-2360, 38-2361, 38-2362, 38-2369, 38-2373, 38-2384, 38-2389, 38-
2396, 38-2399 and 75-724 and K.S.A. 2024 Supp. 28-177 are hereby
repealed.
Sec. 29. This act shall take effect and be in force from and after its
publication in the statute book.
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