Session of 1998
By Committee on Judiciary
            9             AN ACT concerning juvenile offenders; relating to prosecution as an
10             adult; amending K.S.A. 1997 Supp. 38-1602 and repealing the existing
11             section.
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-
16       quires:
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 Annotated;
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36       thereto, and whose stay of adult sentence execution has been revoked.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 juvenile.
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 specific crimes.

HB 2790


  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
  4       Annotated.
  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 offenders.
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 therein.
13           (i) ``Commissioner'' means the commissioner of juvenile justice.
14           (j) ``Jail'' means:
15           (1) An adult jail or lockup; 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 this code.
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
38       facility.
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

HB 2790


  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.