Session of 1998
HOUSE BILL No. 2790
By Committee on Judiciary
AN ACT concerning juvenile offenders; relating
to prosecution as an
10 adult; amending K.S.A.
1997 Supp. 38-1602 and repealing the existing
13 Be it enacted by the Legislature of the
State of Kansas:
14 Section 1. K.S.A.
1997 Supp. 38-1602 is hereby amended to read as
15 follows: 38-1602. As used in this code,
unless the context otherwise re-
17 (a) ``Juvenile'' means a
person 10 or more years of age but less than
18 18 years of age.
19 (b) ``Juvenile
offender'' means a person who does an act while a ju-
20 venile which if done by an adult would
constitute the commission of a
21 felony or misdemeanor as defined by K.S.A.
21-3105 and amendments
22 thereto or who violates the provisions of
K.S.A. 21-4204a or K.S.A. 41-
23 727 or subsection (j) of K.S.A. 74-8810,
and amendments thereto, but
24 does not include:
25 (1) A person 14 or more
years of age who commits a traffic offense,
26 as defined in subsection (d) of K.S.A.
8-2117 and amendments thereto;
27 (2) a person 16 years of
age or over who commits an offense defined
28 in chapter 32 of the Kansas Statutes
29 (3) a person whose
prosecution as an adult is authorized pursuant to
30 K.S.A. 38-1636 and amendments thereto and
whose prosecution results
31 in the conviction of an adult crime or
who was previously prosecuted as
32 an adult and convicted, and whose
prosecution as an adult has attached
33 pursuant to subsection (h) of K.S.A.
38-1636 and amendments thereto; or
34 (4) a person who has
been found to be an extended jurisdiction ju-
35 venile pursuant to subsection (a)(2) of
K.S.A. 38-1636, and amendment
36 thereto, and whose stay of adult sentence
execution has been revoked.
37 (c) ``Parent,'' when
used in relation to a juvenile or a juvenile of-
38 fender, includes a guardian, conservator
and every person who is by law
39 liable to maintain, care for or support the
40 (d) ``Law enforcement
officer'' means any person who by virtue of
41 that person's office or public employment
is vested by law with a duty to
42 maintain public order or to make arrests
for crimes, whether that duty
43 extends to all crimes or is limited to
1 (e) ``Youth
residential facility'' means any home, foster home or struc-
2 ture which provides
twenty-four-hour-a-day care for juveniles and which
3 is licensed pursuant to article 5 of
chapter 65 of the Kansas Statutes
5 (f) ``Juvenile
detention facility'' means any secure public or private
6 facility which is used for the lawful
custody of accused or adjudicated
7 juvenile offenders and which must not
be a jail.
8 (g) ``Juvenile
correctional facility'' means a facility operated by the
9 commissioner for juvenile
10 (h) ``Warrant'' means a
written order by a judge of the court directed
11 to any law enforcement officer commanding
the officer to take into cus-
12 tody the juvenile named or described
13 (i) ``Commissioner''
means the commissioner of juvenile justice.
14 (j) ``Jail'' means:
15 (1) An adult jail or
16 (2) a facility in the
same building as an adult jail or lockup, unless the
17 facility meets all applicable licensure
requirements under law and there
18 is (A) total separation of the juvenile and
adult facility spatial areas such
19 that there could be no haphazard or
accidental contact between juvenile
20 and adult residents in the respective
facilities; (B) total separation in all
21 juvenile and adult program activities
within the facilities, including rec-
22 reation, education, counseling, health
care, dining, sleeping, and general
23 living activities; and (C) separate
juvenile and adult staff, including man-
24 agement, security staff and direct care
staff such as recreational, educa-
25 tional and counseling.
26 (k) ``Court-appointed
special advocate'' means a responsible adult,
27 other than an attorney appointed pursuant
to K.S.A. 38-1606 and amend-
28 ments thereto, who is appointed by the
court to represent the best inter-
29 ests of a child, as provided in K.S.A. 1997
Supp. 38-1606a, and amend-
30 ments thereto, in a proceeding pursuant to
31 (l) ``Juvenile intake
and assessment worker'' means a responsible
32 adult authorized to perform intake and
assessment services as part of the
33 intake and assessment system established
pursuant to K.S.A. 1997 Supp.
34 76-3202, and amendments thereto.
35 (m) ``Institution''
means the following institutions: The Atchison ju-
36 venile correctional facility, the Beloit
juvenile correctional facility, the
37 Larned juvenile correctional facility and
the Topeka juvenile correctional
39 (n) ``Sanction house''
means a facility which is operated or structured
40 so as to ensure that all entrances and
exits from the facility are under the
41 exclusive control of the staff of the
facility, whether or not the person
42 being detained has freedom of movement
within the perimeters of the
43 facility, or which relies on locked rooms
and buildings, fences, or physical
1 restraint in order to control
behavior of its residents. Upon an order from
2 the court, a licensed juvenile
detention facility may serve as a sanction
3 house. A sanction house may be
physically connected to a nonsecure
4 shelter facility provided the
sanction house is not a licensed juvenile de-
5 tention facility.
6 (o) ``Sentencing
risk assessment tool'' means an instrument adminis-
7 tered to juvenile offenders which
delivers a score, or group of scores,
8 describing, but not limited to
describing, the juvenile's potential risk to
9 the community.
10 Sec. 2. K.S.A. 1997
Supp. 38-1602 is hereby repealed.
11 Sec. 3. This act
shall take effect and be in force from and after its
12 publication in the statute book.