Kansas 2025-2026 Regular Session

Kansas House Bill HB2329 Compare Versions

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1	1	Session of 2025
2	2	HOUSE BILL No. 2329
3	3	By Committee on Corrections and Juvenile Justice
4	4	Requested by Representative Lewis
5	5	2-7
6	6	AN ACT concerning children and minors; relating to the revised Kansas
7	7	juvenile justice code; providing for increased placement of juvenile
8	8	offenders in non-foster home beds in youth residential facilities;
9	9	requiring the secretary of corrections to pay for the costs associated
10	10	with such placements; authorizing the secretary to make expenditures
11	11	from the evidence-based programs account of the state general fund
12	12	moneys to contract for such beds in youth residential facilities;
13	13	amending K.S.A. 38-2361, 38-2365, 38-2369 and 38-2399 and K.S.A.
14	14	2024 Supp. 75-52,164 and repealing the existing sections.
15	15	Be it enacted by the Legislature of the State of Kansas:
16	16	Section 1. K.S.A. 38-2361 is hereby amended to read as follows: 38-
17	17	2361. (a) Upon adjudication as a juvenile offender pursuant to K.S.A. 38-
18	18	2356, and amendments thereto, modification of sentence pursuant to
19	19	K.S.A. 38-2367, and amendments thereto, or violation of a condition of
20	20	sentence pursuant to K.S.A. 38-2368, and amendments thereto, the court
21	21	may impose one or more of the following sentencing alternatives for a
22	22	fixed period pursuant to K.S.A. 38-2369 and 38-2391, and amendments
23	23	thereto.
24	24	(1) Place the juvenile on probation for a fixed period pursuant to
25	25	K.S.A. 38-2391, and amendments thereto, subject to terms and conditions
26	26	the court deems appropriate consistent with juvenile justice programs in
27	27	the community. Any juvenile placed on probation shall be supervised
28	28	according to the juvenile's risk and needs as determined by a risk and
29	29	needs assessment. Placement of juvenile offenders to community
30	30	corrections for probation supervision shall be limited to offenders
31	31	adjudicated for an offense that are determined to be moderate-risk, high-
32	32	risk or very high-risk on a risk and needs assessment using the cutoff
33	33	scores established by the secretary pursuant to K.S.A. 38-2360, and
34	34	amendments thereto.
35	35	(2) Order the juvenile to participate in a community based program
36	36	available in such judicial district subject to the terms and conditions the
37	37	court deems appropriate. This alternative shall not be ordered with the
38	38	alternative in paragraph (11). Requirements pertaining to child support
39	39	may apply if custody is vested with other than a parent.
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75	75	(3) Place the juvenile in the custody of a parent or other suitable
76	76	person, which is not a group home or other facility licensed pursuant to
77	77	article 5 of chapter 65 of the Kansas Statutes Annotated, and amendments
78	78	thereto, subject to terms and conditions consistent with juvenile justice
79	79	programs in the community. This alternative shall not be ordered with the
80	80	alternative in paragraph (10) or (11). Requirements pertaining to child
81	81	support may apply if custody is vested with other than a parent.
82	82	(4) Order the juvenile to attend counseling, educational, mediation or
83	83	other sessions, or to undergo a drug evaluation pursuant to subsection (b).
84	84	(5) Suspend or restrict the juvenile's driver's license or privilege to
85	85	operate a motor vehicle on the streets and highways of this state pursuant
86	86	to subsection (c).
87	87	(6) Order the juvenile to perform charitable or community service
88	88	work.
89	89	(7) Order the juvenile to make appropriate reparation or restitution
90	90	pursuant to subsection (d).
91	91	(8) Order the juvenile to pay a fine not exceeding $1,000 pursuant to
92	92	subsection (e).
93	93	(9) Place the juvenile under a house arrest program administered by
94	94	the court pursuant to K.S.A. 21-6609, and amendments thereto.
95	95	(10) Place the juvenile in the custody of the secretary of corrections
96	96	as provided in K.S.A. 38-2365, and amendments thereto, and order the
97	97	secretary to place the juvenile in a youth residential facility. This
98	98	alternative shall not be ordered with the alternative in paragraph (3) or
99	99	(12). Except for mandatory drug and alcohol evaluation, when this
100	100	alternative is ordered with alternatives in paragraphs (2), (4) and (9), such
101	101	orders shall constitute a recommendation by the court. Requirements
102	102	pertaining to child support shall apply under this alternative. The
103	103	provisions of this paragraph shall expire on January 1, 2018.
104	104	(11) Upon a violation of a condition of sentence, other than a
105	105	technical violation pursuant to K.S.A. 38-2368, and amendments thereto,
106	106	commit the juvenile to detention for a period no longer than 30 days
107	107	subject to the provisions of subsection (g).
108	108	(12) If the judge finds and enters into the written record that the
109	109	juvenile poses a significant risk of harm to another or damage to property,
110	110	and the juvenile is otherwise eligible for commitment pursuant to K.S.A.
111	111	38-2369, and amendments thereto, commit the juvenile directly to the
112	112	custody of the secretary of corrections for placement in a juvenile
113	113	correctional facility or a youth residential facility. Placement in a youth
114	114	residential facility shall only be permitted as authorized in K.S.A. 38-
115	115	2369(e), and amendments thereto. If the court elects, a period of
116	116	conditional release pursuant to K.S.A. 38-2369, and amendments thereto,
117	117	may also be ordered. The period of conditional release shall be limited to a
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161	161	maximum of six months and shall be subject to graduated responses.
162	162	Twenty-one days prior to the juvenile's release from a juvenile correctional
163	163	facility, the secretary of corrections or designee shall notify the court of the
164	164	juvenile's anticipated release date. This alternative may be ordered with the
165	165	alternative in paragraph (7). Requirements pertaining to child support shall
166	166	apply under this alternative.
167	167	(13) Upon a finding by the trier of fact during adjudication that a
168	168	firearm was used in the commission of an offense by the accused which, if
169	169	committed by an adult, would constitute a felony, a judge may commit the
170	170	juvenile directly to the custody of the secretary of corrections for
171	171	placement in a juvenile correctional facility or youth residential facility for
172	172	a minimum term of six months and up to a maximum term of 18 months,
173	173	regardless of the risk level of such juvenile as determined by a risk and
174	174	needs assessment. If the juvenile is committed to the custody of the
175	175	secretary, and the court elects, a period of conditional release, pursuant to
176	176	K.S.A. 38-2369, and amendments thereto, may also be ordered. The period
177	177	of conditional release shall be limited to a maximum of six months and
178	178	shall be subject to graduated responses. Twenty-one days prior to the
179	179	juvenile's release from a juvenile correctional facility or youth residential
180	180	facility, the secretary of corrections or the secretary's designee shall notify
181	181	the court of the juvenile's anticipated release date.
182	182	(b) If the court orders the juvenile to attend counseling, educational,
183	183	mediation or other sessions, or to undergo a drug and alcohol evaluation
184	184	pursuant to subsection (a)(4), the following provisions apply:
185	185	(1) The court may order the juvenile offender to participate in
186	186	counseling or mediation sessions or a program of education, including
187	187	placement in an alternative educational program approved by a local
188	188	school board. The costs of any counseling or mediation may be assessed as
189	189	expenses in the case. No mental health center shall charge a fee for court-
190	190	ordered counseling greater than what the center would have charged the
191	191	person receiving the counseling if the person had requested counseling on
192	192	the person's own initiative. No mediator shall charge a fee for court-
193	193	ordered mediation greater than what the mediator would have charged the
194	194	person participating in the mediation if the person had requested mediation
195	195	on the person's own initiative. Mediation may include the victim but shall
196	196	not be mandatory for the victim; and
197	197	(2) if the juvenile has been adjudicated to be a juvenile by reason of a
198	198	violation of a statute that makes such a requirement, the court shall order
199	199	and, if adjudicated for any other offense, the court may order the juvenile
200	200	to submit to and complete a drug and alcohol evaluation by a community-
201	201	based drug and alcohol safety action program certified pursuant to K.S.A.
202	202	8-1008, and amendments thereto, and to pay a fee not to exceed the fee
203	203	established by that statute for such evaluation. The court may waive the
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247	247	mandatory evaluation if the court finds that the juvenile completed a drug
248	248	and alcohol evaluation, approved by the community-based alcohol and
249	249	drug safety action program, within 12 months before sentencing. If the
250	250	evaluation occurred more than 12 months before sentencing, the court
251	251	shall order the juvenile to resubmit to and complete the evaluation and
252	252	program as provided herein. If the court finds that the juvenile and those
253	253	legally liable for the juvenile's support are indigent, the court may waive
254	254	the fee. In no event shall the fee be assessed against the secretary of
255	255	corrections or the department of corrections nor shall the fee be assessed
256	256	against the secretary of the department for children and families or the
257	257	Kansas department for children and families if the juvenile is in the
258	258	secretary's care, custody and control.
259	259	(c) If the court orders suspension or restriction of a juvenile offender's
260	260	driver's license or privilege to operate a motor vehicle on the streets and
261	261	highways of this state pursuant to subsection (a)(5), the following
262	262	provisions apply:
263	263	(1) The duration of the suspension ordered by the court shall be for a
264	264	definite time period to be determined by the court. Upon suspension of a
265	265	license pursuant to this subsection, the court shall require the juvenile
266	266	offender to surrender the license to the court. The court shall transmit the
267	267	license to the division of motor vehicles of the department of revenue, to
268	268	be retained until the period of suspension expires. At that time, the licensee
269	269	may apply to the division for return of the license. If the license has
270	270	expired, the juvenile offender may apply for a new license, which shall be
271	271	issued promptly upon payment of the proper fee and satisfaction of other
272	272	conditions established by law for obtaining a license unless another
273	273	suspension or revocation of the juvenile offender's privilege to operate a
274	274	motor vehicle is in effect. As used in this subsection, "highway" and
275	275	"street" have the meanings provided by K.S.A. 8-1424 and 8-1473, and
276	276	amendments thereto. Any juvenile offender who does not have a driver's
277	277	license may have driving privileges revoked. No Kansas driver's license
278	278	shall be issued to a juvenile offender whose driving privileges have been
279	279	revoked pursuant to this section for a definite time period to be determined
280	280	by the court; and
281	281	(2) in lieu of suspending a juvenile offender's driver's license or
282	282	privilege to operate a motor vehicle on the highways of this state, the court
283	283	may enter an order which places conditions on the juvenile offender's
284	284	privilege of operating a motor vehicle on the streets and highways of this
285	285	state, a certified copy of which the juvenile offender shall be required to
286	286	carry any time the juvenile offender is operating a motor vehicle on the
287	287	streets and highways of this state. The order shall prescribe a definite time
288	288	period for the conditions imposed. Upon entering an order restricting a
289	289	juvenile offender's license, the court shall require the juvenile offender to
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333	333	surrender such juvenile offender's license to the court. The court shall
334	334	transmit the license to the division of vehicles, together with a copy of the
335	335	order. Upon receipt thereof, the division of vehicles shall issue without
336	336	charge a driver's license which shall indicate on its face that conditions
337	337	have been imposed on the juvenile offender's privilege of operating a
338	338	motor vehicle and that a certified copy of the order imposing the
339	339	conditions is required to be carried by the juvenile offender when
340	340	operating a motor vehicle on the streets and highways of this state. If the
341	341	juvenile offender is a nonresident, the court shall cause a copy of the order
342	342	to be transmitted to the division and the division shall forward a copy of it
343	343	to the motor vehicle administrator of the juvenile offender's state of
344	344	issuance. The court shall furnish to any juvenile offender whose driver's
345	345	license has had conditions imposed on it under this section a copy of the
346	346	order, which shall be recognized as a valid Kansas driver's license until the
347	347	division issues the restricted license provided for in this subsection. Upon
348	348	expiration of the period of time for which conditions are imposed pursuant
349	349	to this subsection, the juvenile offender may apply to the division for the
350	350	return of the license previously surrendered by the juvenile offender. In the
351	351	event the license has expired, the juvenile offender may apply to the
352	352	division for a new license, which shall be issued immediately by the
353	353	division upon payment of the proper fee and satisfaction of the other
354	354	conditions established by law unless such juvenile offender's privilege to
355	355	operate a motor vehicle on the streets and highways of this state has been
356	356	suspended or revoked prior thereto. If any juvenile offender violates any of
357	357	the conditions imposed under this subsection, the juvenile offender's
358	358	driver's license or privilege to operate a motor vehicle on the streets and
359	359	highways of this state shall be revoked for a period as determined by the
360	360	court in which the juvenile offender is convicted of violating such
361	361	conditions.
362	362	(d) The following provisions apply to the court's determination of
363	363	whether to order reparation or restitution pursuant to subsection (a)(7):
364	364	(1) The court shall order the juvenile to make reparation or restitution
365	365	to the aggrieved party for the damage or loss caused by the juvenile
366	366	offender's offense unless it finds compelling circumstances that would
367	367	render a plan of reparation or restitution unworkable. If the court finds
368	368	compelling circumstances that would render a plan of reparation or
369	369	restitution unworkable, the court shall enter such findings with
370	370	particularity on the record. In lieu of reparation or restitution, the court
371	371	may order the juvenile to perform charitable or social service for
372	372	organizations performing services for the community; and
373	373	(2) restitution may include, but shall not be limited to, the amount of
374	374	damage or loss caused by the juvenile's offense. Restitution may be made
375	375	by payment of an amount fixed by the court or by working for the parties
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419	419	sustaining loss in the manner ordered by the court. An order of monetary
420	420	restitution shall be a judgment against the juvenile that may be collected
421	421	by the court by garnishment or other execution as on judgments in civil
422	422	cases. Such judgment shall not be affected by the termination of the court's
423	423	jurisdiction over the juvenile offender.
424	424	(e) If the court imposes a fine pursuant to subsection (a)(8), the
425	425	following provisions apply:
426	426	(1) The amount of the fine may not exceed $1,000 for each offense.
427	427	The amount of the fine should be related to the seriousness of the offense
428	428	and the juvenile's ability to pay. Payment of a fine may be required in a
429	429	lump sum or installments;
430	430	(2) in determining whether to impose a fine and the amount to be
431	431	imposed, the court shall consider that imposition of a fine is most
432	432	appropriate in cases where the juvenile has derived pecuniary gain from
433	433	the offense and that imposition of a restitution order is preferable to
434	434	imposition of a fine; and
435	435	(3) any fine imposed by the court shall be a judgment against the
436	436	juvenile that may be collected by the court by garnishment or other
437	437	execution as on judgments in civil cases. Such judgment shall not be
438	438	affected by the termination of the court's jurisdiction over the juvenile.
439	439	(f) Before the court sentences a juvenile offender pursuant to
440	440	subsection (a), the court shall administer a risk assessment tool, as
441	441	described in K.S.A. 38-2360, and amendments thereto, or review a risk
442	442	assessment tool that was administered within the past six months to the
443	443	juvenile and use the results of that assessment to inform orders made
444	444	pursuant to K.S.A. 38-2369 and 38-2391, and amendments thereto.
445	445	(g) If the court commits the juvenile to detention pursuant to
446	446	subsection (a)(11), the following provisions shall apply:
447	447	(1) The court shall only order commitment to detention upon
448	448	violation of sentencing conditions where all other alternatives have been
449	449	exhausted.
450	450	(2) In order to commit a juvenile to detention upon violation of
451	451	sentencing conditions, the court shall find that the juvenile poses a
452	452	significant risk of harm to another or damage to property, is charged with a
453	453	new felony offense, or violates conditional release.
454	454	(3) The court shall not order commitment to detention upon
455	455	adjudication as a juvenile offender pursuant to K.S.A. 38-2356, and
456	456	amendments thereto, for solely technical violations of probation, contempt,
457	457	a violation of a valid court order, to protect from self-harm or due to any
458	458	state or county failure to find adequate alternatives.
459	459	(4) Cumulative detention use shall be limited to a maximum of 45
460	460	days over the course of a juvenile offender's case pursuant to K.S.A. 38-
461	461	2391, and amendments thereto. The court shall review any detention
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505	505	commitment every seven days and may shorten the initial commitment or
506	506	extend the commitment. In no case, however, may the term of detention or
507	507	any extension thereof exceed the cumulative detention limit of 45 days or
508	508	the overall case length limit.
509	509	(5) A juvenile over 18 years of age and less than 23 years of age at
510	510	sentencing shall be committed to a county jail, in lieu of a juvenile
511	511	detention center, under the same time restrictions imposed by paragraph
512	512	(1), but shall not be committed to or confined in a juvenile detention
513	513	facility.
514	514	(h) Any order issued by the judge pursuant to this section shall be in
515	515	effect immediately upon entry into the court's minutes.
516	516	(i) In addition to the requirements of K.S.A. 38-2373, and
517	517	amendments thereto, if a person is under 18 years of age and convicted of
518	518	a felony or adjudicated as a juvenile offender for an offense if committed
519	519	by an adult would constitute the commission of a felony, the court shall
520	520	forward a signed copy of the journal entry to the secretary of corrections
521	521	within 30 days of final disposition.
522	522	(j) Except as further provided, if a juvenile has been adjudged to be a
523	523	juvenile offender for an offense which, if committed by an adult would
524	524	constitute the commission of: (1) Aggravated human trafficking, as defined
525	525	in K.S.A. 21-5426(b), and amendments thereto, if the victim is less than 14
526	526	years of age; (2) rape, as defined in K.S.A. 21-5503(a)(3), and
527	527	amendments thereto; (3) aggravated indecent liberties with a child, as
528	528	defined in K.S.A. 21-5506(b)(3), and amendments thereto; (4) aggravated
529	529	criminal sodomy, as defined in K.S.A. 21-5504(b)(1) or (b)(2), and
530	530	amendments thereto; (5) commercial sexual exploitation of a child, as
531	531	defined in K.S.A. 21-6422, and amendments thereto, if the victim is less
532	532	than 14 years of age; (6) sexual exploitation of a child, as defined in
533	533	K.S.A. 21-5510(a)(1) or (a)(4), and amendments thereto, if the victim is
534	534	less than 14 years of age; or (7) an attempt, conspiracy or criminal
535	535	solicitation, as defined in K.S.A. 21-5301, 21-5302 or 21-5303, and
536	536	amendments thereto, of an offense defined in paragraphs (1) through (6);
537	537	the court shall issue an order prohibiting the juvenile from attending the
538	538	attendance center that the victim of the offense attends. If only one
539	539	attendance center exists, for which the victim and juvenile are eligible to
540	540	attend, in the school district where the victim and the juvenile reside, the
541	541	court shall hear testimony and take evidence from the victim, the juvenile,
542	542	their families and a representative of the school district as to why the
543	543	juvenile should or should not be allowed to remain at the attendance center
544	544	attended by the victim. After such hearing, the court may issue an order
545	545	prohibiting the juvenile from attending the attendance center that the
546	546	victim of the offense attends.
547	547	(k) The court may order a short-term alternative placement of a
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591	591	juvenile pursuant to subsection (a)(3) in an emergency shelter, therapeutic
592	592	foster home or community integration program if:
593	593	(1) Such juvenile has been adjudicated to be a juvenile offender for
594	594	an offense which, if committed by an adult would constitute the
595	595	commission of:
596	596	(A) Aggravated human trafficking, as defined in K.S.A. 21-5426(b),
597	597	and amendments thereto, if the victim is less than 14 years of age;
598	598	(B) rape, as defined in K.S.A. 21-5503, and amendments thereto;
599	599	(C) commercial sexual exploitation of a child, as defined in K.S.A.
600	600	21-6422, and amendments thereto, if the victim is less than 14 years of
601	601	age;
602	602	(D) sexual exploitation of a child, as defined in K.S.A. 21-5510(a)(1)
603	603	or (a)(4), and amendments thereto, if the victim is less than 14 years of
604	604	age;
605	605	(E) aggravated indecent liberties with a child, as defined in K.S.A.
606	606	21-5506, and amendments thereto, if the victim is less than 14 years of
607	607	age; or
608	608	(F) an attempt, conspiracy or criminal solicitation, as defined in
609	609	K.S.A. 21-5301, 21-5302 or 21-5303, and amendments thereto, of an
610	610	offense defined in paragraphs (1) through (4); and
611	611	(2) (A) the victim resides in the same home as the juvenile offender;
612	612	(B) a community supervision officer in consultation with the
613	613	department for children and families determines that an adequate safety
614	614	plan, which shall include the physical and psychological well-being of the
615	615	victim, cannot be developed to keep the juvenile in the same home; and
616	616	(C) there are no relevant child in need of care issues that would
617	617	permit a case to be filed under the Kansas code for care of children.
618	618	The presumptive term of commitment shall not extend beyond the
619	619	overall case length limit but may be modified pursuant to K.S.A. 38-2367
620	620	and 38-2397, and amendments thereto. If a child is placed outside the
621	621	child's home at the dispositional hearing pursuant to this subsection and no
622	622	reintegration plan is made a part of the record of the hearing, a written
623	623	reintegration plan shall be prepared pursuant to K.S.A. 38-2397, and
624	624	amendments thereto, and submitted to the court within 15 days of the
625	625	initial order of the court.
626	626	(l) If the court orders a short-term alternative placement of a juvenile
627	627	pursuant to subsection (k), the secretary shall be responsible for the costs
628	628	associated with all aspects of such placement. The secretary shall contract
629	629	with emergency shelters and therapeutic foster homes in order to facilitate
630	630	the placement of juvenile offenders pursuant to subsection (k).
631	631	(m) The sentencing hearing shall be open to the public as provided in
632	632	K.S.A. 38-2353, and amendments thereto.
633	633	(m)(n) The overall case length limit shall be calculated by the court
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677	677	and entered into the written record when one or more of the sentencing
678	678	options under this section are imposed. The period fixed by the court
679	679	pursuant to subsection (a) shall not extend beyond the overall case length
680	680	limit.
681	681	Sec. 2. K.S.A. 38-2365 is hereby amended to read as follows: 38-
682	682	2365. (a) When a juvenile offender has been placed in the custody of the
683	683	secretary, the secretary shall have a reasonable time to make a placement.
684	684	If the juvenile offender has not been placed, any party who believes that
685	685	the amount of time elapsed without placement has exceeded a reasonable
686	686	time may file a motion for review with the court. In determining what is a
687	687	reasonable amount of time, matters considered by the court shall include,
688	688	but not be limited to, the nature of the underlying offense, efforts made for
689	689	placement of the juvenile offender and the availability of a suitable
690	690	placement. The secretary shall notify the court, the juvenile's attorney of
691	691	record and the juvenile's parent, in writing, of the initial placement and any
692	692	subsequent change of placement as soon as the placement has been
693	693	accomplished. The notice to the juvenile offender's parent shall be sent to
694	694	such parent's last known address or addresses. Except as provided in
695	695	K.S.A. 38-2361(a)(10), the court shall have no power to direct a specific
696	696	placement by the secretary, but may make recommendations to the
697	697	secretary. Except as provided in K.S.A. 38-2361(a)(10), the secretary may
698	698	place the juvenile offender in an institution operated by the secretary, a
699	699	youth residential facility or any other appropriate placement. If the court
700	700	has recommended an out-of-home placement, the secretary may not return
701	701	the juvenile offender to the home from which removed without first
702	702	notifying the court of the plan.
703	703	(b) If a juvenile is in the custody of the secretary, the secretary shall
704	704	prepare and present a permanency plan at sentencing or within 30 days
705	705	thereafter. If the juvenile is 14 years of age or older and the juvenile is
706	706	able, the secretary shall prepare the permanency plan in consultation with
707	707	the juvenile. If a permanency plan is already in place under a child in need
708	708	of care proceeding, the court may adopt the plan under the present
709	709	proceeding. The written permanency plan shall provide for reintegration of
710	710	the juvenile into such juvenile's family or, if reintegration is not a viable
711	711	alternative, for other permanent placement of the juvenile. Reintegration
712	712	may not be a viable alternative when: (1) The parent has been found by a
713	713	court to have committed murder in the first degree, K.S.A. 21-3401, prior
714	714	to its repeal, or K.S.A. 21-5402, and amendments thereto, murder in the
715	715	second degree, K.S.A. 21-3402, prior to its repeal, or K.S.A. 21-5403, and
716	716	amendments thereto, capital murder, K.S.A. 21-3439, prior to its repeal, or
717	717	K.S.A. 21-5401, and amendments thereto, voluntary manslaughter, K.S.A.
718	718	21-3403, prior to its repeal, or K.S.A. 21-5404, and amendments thereto,
719	719	of a child or violated a law of another state which prohibits such murder or
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763	763	manslaughter of a child;
764	764	(2) the parent aided or abetted, attempted, conspired or solicited to
765	765	commit such murder or voluntary manslaughter of a child;
766	766	(3) the parent committed a felony battery that resulted in bodily
767	767	injury to the juvenile who is the subject of this proceeding or another
768	768	child;
769	769	(4) the parent has subjected the juvenile who is the subject of this
770	770	proceeding or another child to aggravated circumstances as defined in
771	771	K.S.A. 38-1502, and amendments thereto;
772	772	(5) the parental rights of the parent to another child have been
773	773	terminated involuntarily; or
774	774	(6) the juvenile has been in extended out-of-home placement as
775	775	defined in K.S.A. 38-2202, and amendments thereto.
776	776	(c) If the juvenile is placed in the custody of the secretary, the plan
777	777	shall be prepared and submitted by the secretary. If the juvenile is placed
778	778	in the custody of a facility or person other than the secretary, the plan shall
779	779	be prepared and submitted by a court services officer. If the permanency
780	780	goal is reintegration into the family, the permanency plan shall include
781	781	measurable objectives and time schedules for reintegration.
782	782	(d) During the time a juvenile remains in the custody of the secretary,
783	783	the secretary shall submit to the court, at least every six months, a written
784	784	report of the progress being made toward the goals of the permanency plan
785	785	submitted pursuant to subsections (b) and (c) and the specific actions taken
786	786	to achieve the goals of the permanency plan. If the juvenile is placed in
787	787	foster care, the court may request the foster parent to submit to the court,
788	788	at least every six months, a report in regard to the juvenile's adjustment,
789	789	progress and condition. Such report shall be made a part of the juvenile's
790	790	court social file. The court shall review the plan submitted by the secretary
791	791	and the report, if any, submitted by the foster parent and determine
792	792	whether reasonable efforts and progress have been made to achieve the
793	793	goals of the permanency plan. If the court determines that progress is
794	794	inadequate or that the permanency plan is no longer viable, the court shall
795	795	hold a hearing pursuant to subsection (e).
796	796	(e) When the secretary has custody of the juvenile, a permanency
797	797	hearing shall be held no more than 12 months after the juvenile is first
798	798	placed outside such juvenile's home and at least every 12 months
799	799	thereafter. Juvenile offenders who have been in extended out-of-home
800	800	placement shall be provided a permanency hearing within 30 days of a
801	801	request from the secretary. The court may appoint a guardian ad litem to
802	802	represent the juvenile offender at the permanency hearing. At the
803	803	permanency hearing, the court shall determine whether and, if applicable,
804	804	when the juvenile will be:
805	805	(1) Reintegrated with the juvenile's parents;
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849	849	(2) placed for adoption;
850	850	(3) placed with a permanent custodian; or
851	851	(4) if the juvenile is 16 years of age or older and the secretary has
852	852	documented compelling reasons why it would not be in the juvenile's best
853	853	interests for a placement in one of the placements pursuant to paragraphs
854	854	(1), (2) or (3), placed in another planned permanent arrangement.
855	855	(f) At each permanency hearing, the court shall:
856	856	(1) Make a written finding as to whether reasonable efforts have been
857	857	made to accomplish the permanency goal and whether continued out-of-
858	858	home placement is necessary for the juvenile's safety;
859	859	(2) make a written finding as to whether the reasonable and prudent
860	860	parenting standard has been met and whether the juvenile has regular,
861	861	ongoing opportunities to engage in age or developmentally appropriate
862	862	activities. The secretary shall report to the court the steps the secretary is
863	863	taking to ensure that the reasonable and prudent parenting standard is
864	864	being met and that the juvenile has regular, ongoing opportunities to
865	865	engage in age or developmentally appropriate activities, including
866	866	consultation with the juvenile in an age-appropriate manner about the
867	867	opportunities of the juvenile to participate in the activities; and
868	868	(3) if the juvenile is 14 years of age or older, document the efforts
869	869	made by the secretary to help the juvenile prepare for the transition from
870	870	custody to a successful adulthood. The secretary shall report to the court
871	871	the programs and services that are being provided to the juvenile which
872	872	will help the juvenile prepare for the transition from custody to a
873	873	successful adulthood.
874	874	(g) The requirements of this subsection shall apply only if the
875	875	permanency goal in place at the time of the hearing is another planned
876	876	permanent arrangement as described in subsection (e)(4). At each
877	877	permanency hearing held with respect to the juvenile, in addition to the
878	878	requirements of subsection (f), the court shall:
879	879	(1) Ask the juvenile, if the juvenile is able, by attendance at the
880	880	hearing or by report to the court, about the desired permanency outcome
881	881	for the juvenile;
882	882	(2) document the intensive, ongoing and, as of the date of the hearing,
883	883	unsuccessful permanency efforts made by the secretary to return the
884	884	juvenile home or secure a placement for the juvenile with a fit and willing
885	885	relative, a legal guardian or an adoptive parent. The secretary shall report
886	886	to the court the intensive, ongoing and, as of the date of the hearing,
887	887	unsuccessful efforts made by the secretary to return the juvenile home or
888	888	secure a placement for the juvenile with a fit and willing relative, a legal
889	889	guardian or an adoptive parent, including efforts that utilize search
890	890	technology, including social media, to find biological family members of
891	891	the children; and
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935	935	(3) make a judicial determination explaining why, as of the date of
936	936	the hearing, another planned permanent living arrangement is the best
937	937	permanency plan for the juvenile and provide compelling reasons why it
938	938	continues to not be in the best interests of the juvenile to return home, be
939	939	placed for adoption, be placed with a legal guardian or be placed with a fit
940	940	and willing relative.
941	941	(h) Whenever a hearing is required under subsection (e), the court
942	942	shall notify all interested parties of the hearing date, the secretary, foster
943	943	parent and preadoptive parent or relatives providing care for the juvenile
944	944	and hold a hearing. If the juvenile is 14 years of age or older, the court
945	945	shall require notice of the time and place of the permanency hearing be
946	946	given to the juvenile. Such notice shall request the juvenile's participation
947	947	in the hearing by attendance or by report to the court. Individuals receiving
948	948	notice pursuant to this subsection shall not be made a party to the action
949	949	solely on the basis of this notice and opportunity to be heard. After
950	950	providing the persons receiving notice an opportunity to be heard, the
951	951	court shall determine whether the juvenile's needs are being adequately
952	952	met; whether services set out in the permanency plan necessary for the
953	953	safe return of the juvenile have been made available to the parent with
954	954	whom reintegration is planned; and whether reasonable efforts and
955	955	progress have been made to achieve the goals of the permanency plan.
956	956	(i) If the court finds reintegration continues to be a viable alternative,
957	957	the court shall determine whether and, if applicable, when the juvenile will
958	958	be returned to the parent. The court may rescind any of its prior
959	959	dispositional orders and enter any dispositional order authorized by this
960	960	code or may order that a new plan for the reintegration be prepared and
961	961	submitted to the court. If reintegration cannot be accomplished as
962	962	approved by the court, the court shall be informed and shall schedule a
963	963	hearing pursuant to subsection (j). No such hearing is required when the
964	964	parent voluntarily relinquishes parental rights or agrees to appointment of
965	965	a permanent guardian.
966	966	(j) When the court finds any of the following conditions exist, the
967	967	county or district attorney or the county or district attorney's designee shall
968	968	file a petition alleging the juvenile to be a child in need of care and
969	969	requesting termination of parental rights pursuant to the Kansas code for
970	970	care of children:
971	971	(1) The court determines that reintegration is not a viable alternative
972	972	and either adoption or permanent guardianship might be in the best
973	973	interests of the juvenile;
974	974	(2) the goal of the permanency plan is reintegration into the family
975	975	and the court determines after 12 months from the time such plan is first
976	976	submitted that progress is inadequate; or
977	977	(3) the juvenile has been in out-of-home placement for a cumulative
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1021	1021	total of 15 of the last 22 months, excluding trial home visits and juvenile in
1022	1022	runaway status.
1023	1023	Nothing in this subsection shall be interpreted to prohibit termination of
1024	1024	parental rights prior to the expiration of 12 months.
1025	1025	(k) A petition to terminate parental rights is not required to be filed if
1026	1026	one of the following exceptions is documented to exist:
1027	1027	(1) The juvenile is in a stable placement with relatives;
1028	1028	(2) services set out in the case plan necessary for the safe return of
1029	1029	the juvenile have not been made available to the parent with whom
1030	1030	reintegration is planned; or
1031	1031	(3) there are one or more documented reasons why such filing would
1032	1032	not be in the best interests of the juvenile. Documented reasons may
1033	1033	include, but are not limited to: The juvenile has close emotional bonds
1034	1034	with a parent which should not be broken; the juvenile is 14 years of age
1035	1035	or older and, after advice and counsel, refuses to be adopted; insufficient
1036	1036	grounds exist for termination of parental rights; the juvenile is an
1037	1037	unaccompanied refugee minor; or there are international legal or
1038	1038	compelling foreign policy reasons precluding termination of parental
1039	1039	rights.
1040	1040	Sec. 3. K.S.A. 38-2369 is hereby amended to read as follows: 38-
1041	1041	2369. (a) Except as provided in subsection (e) and K.S.A. 38-2361(a)(13),
1042	1042	for the purpose of committing juvenile offenders to a juvenile correctional
1043	1043	facility, upon a finding by the judge entered into the written order that the
1044	1044	juvenile poses a significant risk of harm to another or damage to property,
1045	1045	the following placements shall be applied by the judge in the cases
1046	1046	specified in this subsection. If used, the court shall establish a specific
1047	1047	term of commitment as specified in this subsection. The term of
1048	1048	commitment established by the court shall not exceed the overall case
1049	1049	length limit. Before a juvenile offender is committed to a juvenile
1050	1050	correctional facility pursuant to this section, the court shall administer a
1051	1051	risk assessment tool, as described in K.S.A. 38-2360, and amendments
1052	1052	thereto, or review a risk assessment tool that was administered within the
1053	1053	past six months to the juvenile.
1054	1054	(1) Violent Offenders. (A) The violent offender I is defined as an
1055	1055	offender adjudicated as a juvenile offender for an offense which, if
1056	1056	committed by an adult, would constitute an off-grid felony. Offenders in
1057	1057	this category may be committed to a juvenile correctional facility for a
1058	1058	minimum term of 60 months and up to a maximum term of the offender
1059	1059	reaching the age of 22 years, six months. The aftercare term for this
1060	1060	offender is set at a minimum term of six months and up to a maximum
1061	1061	term of the offender reaching the age of 23 years.
1062	1062	(B) The violent offender II is defined as an offender adjudicated as a
1063	1063	juvenile offender for an offense which, if committed by an adult, would
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1107	1107	constitute a nondrug severity level 1, 2 or 3 felony. Offenders in this
1108	1108	category may be committed to a juvenile correctional facility for a
1109	1109	minimum term of 24 months and up to a maximum term of the offender
1110	1110	reaching the age of 22 years, six months. The aftercare term for this
1111	1111	offender is set at a minimum term of six months and up to a maximum
1112	1112	term of the offender reaching the age of 23 years.
1113	1113	(2) Serious Offenders. (A) The serious offender I is defined as an
1114	1114	offender adjudicated as a juvenile offender for an offense which, if
1115	1115	committed by an adult, would constitute a nondrug severity level 4, person
1116	1116	felony.
1117	1117	Offenders in this category may be committed to a juvenile correctional
1118	1118	facility for a minimum term of 18 months and up to a maximum term of 36
1119	1119	months. The aftercare term for this offender is set at a minimum term of
1120	1120	six months and up to a maximum term of 24 months.
1121	1121	(B) The serious offender II is defined as an offender adjudicated as a
1122	1122	juvenile offender for an offense:
1123	1123	(i) Committed prior to July 1, 2012, which, if committed by an adult
1124	1124	prior to July 1, 2012, would constitute a drug severity level 1 or 2 felony;
1125	1125	or
1126	1126	(ii) committed on or after July 1, 2012, which, if committed by an
1127	1127	adult on or after July 1, 2012, would constitute a drug severity level 1, 2 or
1128	1128	3 felony or a nondrug severity level 5 or 6 person felony.
1129	1129	Offenders in this category may be committed to a juvenile correctional
1130	1130	facility for a minimum term of nine months and up to a maximum term of
1131	1131	18 months.
1132	1132	(C) The serious offender III is defined as an offender adjudicated as a
1133	1133	juvenile offender for an offense which, if committed by an adult, would
1134	1134	constitute a nondrug severity level 7, 8, 9 or 10 person felony with one
1135	1135	prior felony adjudication. Offenders in this category may only be
1136	1136	committed to a juvenile correctional facility if such offenders are assessed
1137	1137	as high-risk on a risk and needs assessment. Offenders in this category
1138	1138	may be committed to a juvenile correctional facility for a minimum term
1139	1139	of six months and up to a maximum term of 12 months.
1140	1140	(3) Chronic Offenders. (A) The chronic offender I, chronic felon is
1141	1141	defined as an offender adjudicated as a juvenile offender for an offense:
1142	1142	(i) Which, if committed by an adult, would constitute one present
1143	1143	nonperson felony adjudication and two prior felony adjudications;
1144	1144	(ii) committed prior to July 1, 2012, which, if committed by an adult
1145	1145	prior to July 1, 2012, would constitute one present drug severity level 3
1146	1146	felony adjudication and two prior felony adjudications; or
1147	1147	(iii) committed on or after July 1, 2012, which, if committed by an
1148	1148	adult on or after July 1, 2012, would constitute one present drug severity
1149	1149	level 4 felony adjudication and two prior felony adjudications.
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1193	1193	Offenders in this category may only be committed to a juvenile
1194	1194	correctional facility if such offenders are assessed as high-risk on a risk
1195	1195	and needs assessment. Offenders in this category may be committed to a
1196	1196	juvenile correctional facility for a minimum term of six months and up to a
1197	1197	maximum term of 12 months.
1198	1198	(b) Conditional Release. If the court elects, a period of conditional
1199	1199	release may also be ordered pursuant to K.S.A. 38-2361, and amendments
1200	1200	thereto. The period of conditional release shall be limited to a maximum of
1201	1201	six months and shall be subject to graduated responses. The presumption
1202	1202	upon release shall be a return to the juvenile's home, unless the case plan
1203	1203	developed pursuant to K.S.A. 38-2373, and amendments thereto,
1204	1204	recommends a different reentry plan.
1205	1205	(1) Upon finding the juvenile violated a requirement or requirements
1206	1206	of conditional release, the court may enter one or more of the following
1207	1207	orders:
1208	1208	(A) Recommend additional conditions be added to those of the
1209	1209	existing conditional release.
1210	1210	(B) Order the offender to serve a period of detention pursuant to
1211	1211	K.S.A. 38-2361(g), and amendments thereto.
1212	1212	(C) Revoke or restrict the juvenile's driving privileges as described in
1213	1213	K.S.A. 38-2361(c), and amendments thereto.
1214	1214	(2) Discharge the offender from the custody of the secretary of
1215	1215	corrections, release the secretary of corrections from further
1216	1216	responsibilities in the case and enter any other appropriate orders.
1217	1217	(c) As used in this section "adjudication" includes out-of-state
1218	1218	juvenile adjudications. An out-of-state offense, which if committed by an
1219	1219	adult would constitute the commission of a felony or misdemeanor, shall
1220	1220	be classified as either a felony or a misdemeanor according to the
1221	1221	adjudicating jurisdiction. If an offense which if committed by an adult
1222	1222	would constitute the commission of a felony is a felony in another state, it
1223	1223	will be deemed a felony in Kansas. The state of Kansas shall classify the
1224	1224	offense, which if committed by an adult would constitute the commission
1225	1225	of a felony or misdemeanor, as person or nonperson. In designating such
1226	1226	offense as person or nonperson, reference to comparable offenses shall be
1227	1227	made. If the state of Kansas does not have a comparable offense, the out-
1228	1228	of-state adjudication shall be classified as a nonperson offense.
1229	1229	(d) The secretary of corrections shall work with the community to
1230	1230	provide on-going support and incentives for the development of additional
1231	1231	evidence-based community practices and programs to ensure that the
1232	1232	juvenile correctional facility is not frequently utilized.
1233	1233	(e) There shall be a rebuttable presumption that all offenders in the
1234	1234	chronic offender category and offenders at least 10 years of age but less
1235	1235	than 14 years of age in the serious offender II or III category, shall be
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1279	1279	placed in the custody of the secretary for placement in a youth residential
1280	1280	facility in lieu of placement in the juvenile correctional facility. The
1281	1281	secretary shall ensure timely placement of such offender in a youth
1282	1282	residential facility and shall be responsible for the costs associated with
1283	1283	all aspects of such placement in accordance with K.S.A. 38-2399, and
1284	1284	amendments thereto, This presumption may be rebutted by a finding on the
1285	1285	record that the juvenile offender poses a significant risk of physical harm
1286	1286	to another.
1287	1287	Sec. 4. K.S.A. 38-2399 is hereby amended to read as follows: 38-
1288	1288	2399. (a) The secretary of corrections may shall contract for use of not
1289	1289	more less than 50 40 non-foster home beds in youth residential facilities
1290	1290	for placement of juvenile offenders pursuant to K.S.A. 38-2361(a)(13) (a)
1291	1291	(10) and (a)(12), and amendments thereto.
1292	1292	(b) When contracting for services, the secretary shall:
1293	1293	(1) Contract with facilities that have high success rates and decrease
1294	1294	recidivism rates for juvenile offenders;
1295	1295	(2) consider contracting for bed space across the entire state to lower
1296	1296	the cost of transportation of juvenile offenders; and
1297	1297	(3) give priority to existing facilities that are able to meet the
1298	1298	requirements of the secretary for providing residential services to juvenile
1299	1299	offenders.
1300	1300	(c) This section shall take effect on and after January 1, 2018;
1301	1301	(4) determine regional allocation of non-foster home beds based on
1302	1302	the needs of the region utilizing available data on juvenile case filings;
1303	1303	and
1304	1304	(5) be responsible for the costs associated with all aspects of
1305	1305	placement of juvenile offenders described in subsection (a).
1306	1306	Sec. 5. K.S.A. 2024 Supp. 75-52,164 is hereby amended to read as
1307	1307	follows: 75-52,164. (a) (1) There is hereby established in the state treasury
1308	1308	the evidence-based programs account of the state general fund, which shall
1309	1309	be administered by the department of corrections.
1310	1310	(2) Except as provided in paragraph (4), all expenditures from the
1311	1311	evidence-based programs account of the state general fund shall be for the
1312	1312	development and implementation of evidence-based community programs
1313	1313	and practices for:
1314	1314	(A) Juvenile offenders and their families;
1315	1315	(B) juveniles experiencing behavioral health crisis and their families;
1316	1316	(C) children who have been administered a risk and needs assessment
1317	1317	and have been identified as needing services pursuant to K.S.A. 2024
1318	1318	Supp. 38-2292, and amendments thereto; and
1319	1319	(D) grants as provided in subsection (e).
1320	1320	(2)(3) Evidence-based community programs and practices may be
1321	1321	administered by community supervision offices, juvenile intake and
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1365	1365	assessment, court services, community corrections, juvenile crisis
1366	1366	intervention centers, community mental health centers, community health
1367	1367	centers, the youth advocate program, jobs for America's graduates Kansas
1368	1368	transition services and any other community-based service provider
1369	1369	offering evidence-based community programs.
1370	1370	(4) Subject to provisions of appropriation acts, the secretary of
1371	1371	corrections shall make expenditures from the evidence-based programs
1372	1372	account of the state general fund moneys, in an amount not to exceed
1373	1373	$10,000,000 in any fiscal year, to contract for non-foster home beds in
1374	1374	youth residential facilities for placement of juvenile offenders as required
1375	1375	in K.S.A. 38-2399, and amendments thereto.
1376	1376	(3)(5) All expenditures from the evidence-based programs account of
1377	1377	the state general fund shall be made in accordance with appropriation acts
1378	1378	upon warrants of the director of accounts and reports issued pursuant to
1379	1379	vouchers approved by the secretary of corrections or the secretary's
1380	1380	designee.
1381	1381	(b) At least annually, throughout the year, the secretary of corrections
1382	1382	shall determine and certify to the director of accounts and reports the
1383	1383	amount in each account of the state general fund of a state agency that has
1384	1384	been determined by the secretary to be actual or projected cost savings as a
1385	1385	result of cost avoidance resulting from decreased reliance on incarceration
1386	1386	in the juvenile correctional facility and placement in youth residential
1387	1387	centers. The baseline shall be calculated on the cost of incarceration and
1388	1388	placement in fiscal year 2015.
1389	1389	(c) Upon receipt of a certification pursuant to subsection (b), the
1390	1390	director of accounts and reports shall transfer the amount certified
1391	1391	pursuant to subsection (b) from each account of the state general fund of a
1392	1392	state agency that has been determined by the secretary of corrections to be
1393	1393	actual or projected cost savings to the evidence-based programs account of
1394	1394	the state general fund.
1395	1395	(d) Prioritization of evidence-based programs account of the state
1396	1396	general fund moneys will be given to regions that demonstrate a high rate
1397	1397	of out-of-home placement of juvenile offenders per capita that have few
1398	1398	existing community-based alternatives.
1399	1399	(e) (1) The secretary of corrections shall develop and implement a
1400	1400	grant program with the goal of implementing evidence-based community
1401	1401	programs described in subsection (a)(2)(D) and promising practices
1402	1402	throughout the state, subject to the availability of funding in the evidence-
1403	1403	based programs account of the state general fund after other expenditures
1404	1404	for evidence-based programs are made. The secretary shall adopt grant
1405	1405	requirements in accordance with this section. Any provider of evidence-
1406	1406	based community programs for juveniles may apply for a grant. The grant
1407	1407	program shall give priority to any county that demonstrates a low
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1451	1451	availability of evidence-based community programs for juveniles. The
1452	1452	secretary shall evaluate the programs that received a grant to ensure the
1453	1453	program is being delivered as such program was designed.
1454	1454	(2) Child welfare case management providers shall not be eligible to
1455	1455	receive grants under this subsection.
1456	1456	(f) Expenditures made from the evidence-based programs account of
1457	1457	the state general fund shall be made promptly and on a rolling basis to
1458	1458	develop and implement evidence-based community programs as services
1459	1459	are needed throughout the state and provide non-foster home beds in youth
1460	1460	residential facilities for placement of juvenile offenders as required in
1461	1461	subsection (a).
1462	1462	(g) The evidence-based programs account of the state general fund
1463	1463	and any other moneys transferred pursuant to this section shall be used for
1464	1464	the purposes set forth in this section and for no other governmental
1465	1465	purposes. It is the intent of the legislature that the funds and the moneys
1466	1466	deposited in this fund shall remain intact and inviolate for the purposes set
1467	1467	forth in this section.
1468	1468	Sec. 6. K.S.A. 38-2361, 38-2365, 38-2369 and 38-2399 and K.S.A.
1469	1469	2024 Supp. 75-52,164 are hereby repealed.
1470	1470	Sec. 7. This act shall take effect and be in force from and after its
1471	1471	publication in the statute book.
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