Session of 2025
SENATE BILL No. 208
By Committee on Federal and State Affairs
2-5
AN ACT concerning children and minors; relating to the revised Kansas
juvenile justice code; prohibiting the use of any prone restraint on a
juvenile who is in custody at a juvenile detention facility or juvenile
correctional facility or being assessed as part of the juvenile intake and
assessment system; amending K.S.A. 2024 Supp. 38-2302 and
repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) No person shall use any prone restraint on a
juvenile who is:
(1) In custody at a juvenile correctional facility or juvenile detention
facility; or
(2) being assessed as part of the juvenile intake and assessment
system established pursuant to K.S.A. 75-7023, and amendments thereto.
(b) This section shall be a part of and supplemental to the revised
Kansas juvenile justice code.
Sec. 2. K.S.A. 2024 Supp. 38-2302 is hereby amended to read as
follows: 38-2302. As used in this code, unless the context otherwise
requires:
(a) "Commissioner" means the secretary of corrections or the
secretary's designee.
(b) "Community supervision officer" means any officer from court
services, community corrections or any other individual authorized to
supervise a juvenile on an immediate intervention, probation or
conditional release.
(c) "Conditional release" means release from a term of commitment
in a juvenile correctional facility for an aftercare term pursuant to K.S.A.
38-2369, and amendments thereto, under conditions established by the
secretary of corrections.
(d) "Court-appointed special advocate" means a responsible adult,
other than an attorney appointed pursuant to K.S.A. 38-2306, and
amendments thereto, who is appointed by the court to represent the best
interests of a child, as provided in K.S.A. 38-2307, and amendments
thereto, in a proceeding pursuant to this code.
(e) "Detention risk assessment tool" means a risk assessment
instrument adopted pursuant to K.S.A. 75-7023(f), and amendments
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thereto, used to identify factors shown to be statistically related to a
juvenile's risk of failing to appear in court or reoffending pre-adjudication
and designed to assist in making detention determinations.
(f) "Educational institution" means all schools at the elementary and
secondary levels.
(g) "Educator" means any administrator, teacher or other professional
or paraprofessional employee of an educational institution who has
exposure to a pupil specified in K.S.A. 72-6143(a)(1) through (5), and
amendments thereto.
(h) "Evidence-based" means practices, policies, procedures and
programs demonstrated by research to produce reduction in the likelihood
of reoffending.
(i) "Graduated responses" means a system of community-based
sanctions and incentives developed pursuant to K.S.A. 75-7023(h) and 38-
2392, and amendments thereto, used to address violations of immediate
interventions, terms and conditions of probation and conditional release
and to incentivize positive behavior.
(j) "Immediate intervention" means all programs or practices
developed by the county to hold juvenile offenders accountable while
allowing such offenders to be diverted from formal court processing
pursuant to K.S.A. 38-2346, and amendments thereto.
(k) "Institution" means the Larned juvenile correctional facility and
the Kansas juvenile correctional complex.
(l) "Investigator" means an employee of the department of corrections
assigned by the secretary of corrections with the responsibility for
investigations concerning employees at the juvenile correctional facilities
and juveniles in the custody of the secretary of corrections at a juvenile
correctional facility.
(m) "Jail" means:
(1) An adult jail or lockup; or
(2) a facility in the same building as an adult jail or lockup, unless the
facility meets all applicable licensure requirements under law and there is:
(A) Total separation of the juvenile and adult facility spatial areas such that
there could be no haphazard or accidental contact between juvenile and
adult residents in the respective facilities; (B) total separation in all
juvenile and adult program activities within the facilities, including
recreation, education, counseling, health care, dining, sleeping and general
living activities; and (C) separate juvenile and adult staff, including
management, security staff and direct care staff such as recreational,
educational and counseling.
(n) "Juvenile" means a person to whom one or more of the following
applies, the person: (1) Is 10 or more years of age but less than 18 years of
age; (2) is alleged to be a juvenile offender; or (3) has been adjudicated as
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a juvenile offender and continues to be subject to the jurisdiction of the
court.
(o) "Juvenile correctional facility" means a facility operated by the
secretary of corrections for the commitment of juvenile offenders.
(p) "Juvenile corrections officer" means a certified employee of the
department of corrections working at a juvenile correctional facility
assigned by the secretary of corrections with responsibility for maintaining
custody, security and control of juveniles in the custody of the secretary of
corrections at a juvenile correctional facility.
(q) "Juvenile detention facility" means a public or private facility
licensed pursuant to article 5 of chapter 65 of the Kansas Statutes
Annotated, and amendments thereto, which is used for the lawful custody
of alleged or adjudicated juvenile offenders.
(r) "Juvenile intake and assessment worker" means a responsible
adult trained and authorized to perform intake and assessment services as
part of the intake and assessment system established pursuant to K.S.A.
75-7023, and amendments thereto.
(s) "Juvenile offender" means a person who commits an offense while
10 or more years of age but less than 18 years of age which if committed
by an adult would constitute the commission of a felony or misdemeanor
as defined by K.S.A. 21-5102, and amendments thereto, or who violates
the provisions of K.S.A. 41-727, 74-8810(j) or 21-6301(a)(14), and
amendments thereto, but does not include:
(1) A person 14 or more years of age who commits a traffic offense,
as defined in K.S.A. 8-2117(d), and amendments thereto;
(2) a person 16 years of age or over who commits an offense defined
in chapter 32 of the Kansas Statutes Annotated, and amendments thereto;
or
(3) a person under 18 years of age who previously has been:
(A) Convicted as an adult under the Kansas criminal code;
(B) sentenced as an adult under the Kansas criminal code following
termination of status as an extended jurisdiction juvenile pursuant to
K.S.A. 38-2364, and amendments thereto; or
(C) convicted or sentenced as an adult in another state or foreign
jurisdiction under substantially similar procedures described in K.S.A. 38-
2347, and amendments thereto, or because of attaining the age of majority
designated in that state or jurisdiction.
(t) "Law enforcement officer" means any person who by virtue of that
person's office or public employment is vested by law with a duty to
maintain public order or to make arrests for crimes, whether that duty
extends to all crimes or is limited to specific crimes.
(u) "Overall case length limit" when used in relation to a juvenile
adjudicated a juvenile offender means the maximum jurisdiction of the
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court following disposition on an individual case. Pursuant to K.S.A. 38-
2304, and amendments thereto, the case and the court's jurisdiction shall
terminate once the overall case length limit expires and may not be
extended.
(v) "Parent" when used in relation to a juvenile, includes a guardian
and every person who is, by law, liable to maintain, care for or support the
juvenile.
(w) "Probation" means a period of community supervision ordered
pursuant to K.S.A. 38-2361, and amendments thereto, overseen by either
court services or community corrections, but not both.
(x) "Prone restraint" means the use of manual restraint that places a
person in a face-down position.
(y) "Reasonable and prudent parenting standard" means the standard
characterized by careful and sensible parental decisions that maintain the
health, safety and best interests of a child while at the same time
encouraging the emotional and developmental growth of the child, that a
caregiver shall use when determining whether to allow a child in foster
care under the responsibility of the state to participate in extracurricular,
enrichment, cultural and social activities.
(y)(z) "Reintegration plan" means a written document prepared in
consultation with the child's parent or guardian that:
(1) Describes the reintegration goal, which, if achieved, will most
likely give the juvenile and the victim of the juvenile a permanent and safe
living arrangement;
(2) describes the child's level of physical health, mental and
emotional health and educational functioning;
(3) provides an assessment of the needs of the child and family;
(4) describes the services to be provided to the child, the child's
family and the child's foster parents, if appropriate;
(5) includes a description of the tasks and responsibilities designed to
achieve the plan and to whom assigned;
(6) includes measurable objectives and time schedules for achieving
the plan; and
(7) if the child is in an out of home placement:
(A) Provides a statement for the basis of determining that
reintegration is determined not to be a viable option if such a
determination is made and includes a plan for another permanent living
arrangement;
(B) describes available alternatives;
(C) justifies the alternative placement selected, including a
description of the safety and appropriateness of such placement; and
(D) describes the programs and services that will help the child
prepare to live independently as an adult.
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(z)(aa) "Risk and needs assessment" means a standardized instrument
administered on juveniles to identify specific risk factors and needs shown
to be statistically related to a juvenile's risk of reoffending and, when
properly addressed, can reduce a juvenile's risk of reoffending.
(aa)(bb) "Secretary" means the secretary of corrections or the
secretary's designee.
(bb)(cc) "Technical violation" means an act that violates the terms or
conditions imposed as part of a probation disposition pursuant to K.S.A.
38-2361, and amendments thereto, and that does not constitute a new
juvenile offense or a new child in need of care violation pursuant to K.S.A.
38-2202(d), and amendments thereto.
(cc)(dd) "Warrant" means a written order by a judge of the court
directed to any law enforcement officer commanding the officer to take
into custody the juvenile named or described therein.
(dd)(ee) "Youth residential facility" means any home, foster home or
structure which provides 24-hour-a-day care for juveniles and which is
licensed pursuant to article 5 of chapter 65 or article 70 of chapter 75 of
the Kansas Statutes Annotated, and amendments thereto.
(ee)(ff) "Behavioral health crisis" means behavioral and conduct
issues that impact the safety or health of a juvenile, members of the
juvenile's household or family or members of the community, including,
but not limited to, non-life threatening mental health and substance abuse
concerns.
Sec. 3. K.S.A. 2024 Supp. 38-2302 is hereby repealed.
Sec. 4. This act shall take effect and be in force from and after its
publication in the statute book.
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