HOUSE BILL No. 2016
(Amended by Chapter 158)
An Act concerning the Kansas juvenile justice
code; relating to juvenile corrections officers;
training and powers and duties thereof;
amending K.S.A. 38-1602 and 74-5602 and
repealing the existing sections.
Be it enacted by the Legislature of the
State of Kansas:
Section 1. K.S.A. 38-1602 is hereby
amended to read as follows: 38-
1602. As used in this code, unless the context otherwise
(a) ``Juvenile'' means a person 10 or
more years of age but less than
18 years of age.
(b) ``Juvenile offender'' means a person
who commits an offense
while a juvenile which if committed by an adult would constitute
commission of a felony or misdemeanor as defined by K.S.A.
and amendments thereto, or who violates the provisions of K.S.A.
4204a or K.S.A. 41-727 or subsection (j) of K.S.A. 74-8810, and
ments thereto, but does not include:
(1) A person 14 or more years of age who
commits a traffic offense,
as defined in subsection (d) of K.S.A. 8-2117, and amendments
(2) a person 16 years of age or over who
commits an offense defined
in chapter 32 of the Kansas Statutes Annotated;
(3) a person under 18 years of age who
previously has been:
(A) Convicted as an adult under the
Kansas code of criminal proce-
(B) sentenced as an adult under the
Kansas code of criminal proce-
dure following termination of status as an extended jurisdiction
pursuant to K.S.A. 38-16,126, and amendments thereto; or
(C) convicted or sentenced as an adult in
another state or foreign
jurisdiction under substantially similar procedures described in
1636, and amendments thereto, or because of attaining the age of
designated in that state or jurisdiction.
(c) ``Parent,'' when used in relation to
a juvenile or a juvenile of-
fender, includes a guardian, conservator and every person who is by
liable to maintain, care for or support the juvenile.
(d) ``Law enforcement officer'' means any
person who by virtue of
that person's office or public employment is vested by law with a
maintain public order or to make arrests for crimes, whether that
extends to all crimes or is limited to specific crimes.
(e) ``Youth residential facility'' means
any home, foster home or struc-
ture which provides twenty-four-hour-a-day care for juveniles and
is licensed pursuant to article 5 of chapter 65 of the Kansas
(f) ``Juvenile detention facility'' means
any secure public or private
facility which is used for the lawful custody of accused or
juvenile offenders and which shall not be a jail.
(g) ``Juvenile correctional facility''
means a facility operated by the
commissioner for juvenile offenders.
(h) ``Warrant'' means a written order by
a judge of the court directed
to any law enforcement officer commanding the officer to take into
tody the juvenile named or described therein.
(i) ``Commissioner'' means the
commissioner of juvenile justice.
(j) ``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
is (A) total separation of the juvenile and adult facility spatial
that there could be no haphazard or accidental contact between
and adult residents in the respective facilities; (B) total
separation in all
juvenile and adult program activities within the facilities,
reation, education, counseling, health care, dining, sleeping, and
living activities; and (C) separate juvenile and adult staff,
agement, security staff and direct care staff such as recreational,
tional and counseling.
(k) ``Court-appointed special advocate''
means a responsible adult,
other than an attorney appointed pursuant to K.S.A. 38-1606 and
ments thereto, who is appointed by the court to represent the best
ests of a child, as provided in K.S.A. 38-1606a, and amendments
in a proceeding pursuant to this code.
(l) ``Juvenile intake and assessment
worker'' means a responsible
adult authorized to perform intake and assessment services as part
intake and assessment system established pursuant to K.S.A.
(m) ``Institution'' means the following
institutions: The Atchison ju-
venile correctional facility, the Beloit juvenile correctional
Larned juvenile correctional facility and the Topeka juvenile
(n) ``Sanctions house'' means a facility
which is operated or structured
so as to ensure that all entrances and exits from the facility are
exclusive control of the staff of the facility, whether or not the
being detained has freedom of movement within the perimeters of
facility, or which relies on locked rooms and buildings, fences, or
restraint in order to control the behavior of its residents. Upon
from the court, a licensed juvenile detention facility may serve as
(o) ``Sentencing risk assessment tool''
means an instrument adminis-
tered to juvenile offenders which delivers a score, or group of
describing, but not limited to describing, the juvenile's potential
(p) ``Educational institution'' means all
schools at the elementary and
(q) ``Educator'' means any administrator,
teacher or other profes-
sional or paraprofessional employee of an educational institution
exposure to a pupil specified in subsection (a)(1) through (5) of
72-89b03, and amendments thereto.
(r) ``Juvenile corrections officer''
means a certified employee of the
juvenile justice authority working at a juvenile correctional
signed by the commissioner with responsibility for maintaining
security and control of juveniles in the custody of the
commissioner at a
juvenile correctional facility.
(s) ``Investigator'' means an employee
of the juvenile justice authority
assigned by the commissioner with the responsibility for
concerning employees at the juvenile correctional facilities and
in the custody of the commissioner at a juvenile correctional
New Sec. 2. (a) The commissioner
may adopt rules and regulations
establishing standards of training and provisions for certifying
corrections officers as defined in K.S.A. 38-1602, and
(b) Except as provided in subsection (c),
no person shall receive a
permanent appointment as a juvenile corrections officer unless
a certificate by the commissioner which attests to satisfactory
of a basic course of instruction. Such course of instruction shall
proved by the commissioner and shall consist of not less than 160
of instruction. The certificate shall be effective during the term
of a per-
son's employment, except that any person who has terminated
ment with the commissioner for a period exceeding one year shall
required to be certified again.
(c) The commissioner may award a
certificate which attests to the
satisfactory completion of a basic course of instruction to any
has been duly certified under the laws of another state or
territory if, in
the opinion of the commissioner, the requirements for certification
other jurisdiction are equal to or exceed the requirements for
in this state. The commissioner may waive any number of hours or
required to complete the basic course of instruction for any person
in the opinion of the commissioner, has received sufficient
experience that such hours of instruction would be unduly
(d) Every juvenile corrections officer
shall receive not less than 40
hours of in-service training annually.
(e) The provisions of this section shall
be part of and supplemental
to the Kansas juvenile justice code.
New Sec. 3. (a) The superintendent
of any juvenile correctional fa-
cility operated by the commissioner, all persons on the staff of
justice authority who are in the chain of command from the
of juvenile justice to the juvenile corrections officer and every
corrections officer, regardless of rank and every investigator,
within the scope of their duties as employees of the juvenile
thority, shall possess such powers and duties of a law enforcement
as are necessary for performing such duties for the purpose of
or maintaining custody, security and control of any person in the
of the commissioner and may exercise such powers and duties
within the state of Kansas. Such powers and duties may be
outside the state of Kansas for the purpose of maintaining custody,
curity and control of any person in the custody of the commissioner
transported or escorted by anyone authorized to so act. Such
of the juvenile justice authority shall be responsible to and shall
be at all
times under the supervision and control of the commissioner of
justice or the commissioner's designee.
(b) The provisions of this section shall
be part of and supplemental
to the Kansas juvenile justice code.
Sec. 4. K.S.A. 74-5602 is hereby
amended to read as follows: 74-
5602. As used in the Kansas law enforcement training act:
(a) ``Training center'' means the law
enforcement training center
within the division of continuing education of the university of
created by K.S.A. 74-5603 and amendments thereto.
(b) ``Commission'' means the Kansas law
enforcement training com-
mission, created by K.S.A. 74-5606 and amendments thereto.
(c) ``Dean'' means the dean of the
division of continuing education
of the university of Kansas.
(d) ``Director,'' as created in K.S.A.
74-5603 and amendments
thereto, means the director of police training at the law
(e) ``Police officer'' or ``law
enforcement officer'' means a full-time or
part-time salaried officer or employee of the state, a county or a
whose duties include the prevention or detection of crime and the
forcement of the criminal or traffic laws of this state or of any
thereof. Such terms shall include, but not be limited to, the
dersheriff and full-time or part-time salaried deputies in the
fice in each county; deputy sheriffs deputized pursuant to K.S.A.
and amendments thereto; conservation officers of the Kansas
of wildlife and parks; campus police officers at all state
tutions or a municipal university; law enforcement agents of the
of alcoholic beverage control; law enforcement agents of the Kansas
tery; law enforcement agents of the Kansas racing commission;
and assistants of the state fire marshal having law enforcement
capitol area security guards, existing under the authority of
4503 and amendments thereto. Such terms shall also include
policemen appointed pursuant to K.S.A. 66-524 and amendments
thereto; and school security officers designated as school law
officers pursuant to K.S.A. 72-8222 and amendments thereto. Such
shall not include any elected official, other than a sheriff,
serving in the
capacity of a law enforcement or police officer solely by virtue of
official's elected position; any attorney-at-law having
responsibility for law
enforcement and discharging such responsibility solely in the
an attorney; any employee of the commissioner of juvenile
secretary of corrections or the secretary of social and
ices; any deputy conservation officer of the Kansas department of
and parks; or any employee of a city or county who is employed
perform correctional duties related to jail inmates and the
and operation of a jail; or any full-time or part-time salaried
employee whose duties include the issuance of a citation or notice
appear provided such officer or employee is not vested by law with
authority to make an arrest for violation of the laws of this state
municipality thereof, and is not authorized to carry firearms when
charging the duties of such person's office or employment. Such
shall include any officer appointed or elected on a provisional
(f) ``Full-time'' means employment
requiring at least 1,000 hours of
work per year.
(g) ``Part-time'' means employment on a
regular schedule or employ-
ment which requires a minimum number of hours each payroll
but in any case requiring less than 1,000 hours of work per
(h) ``Misdemeanor crime of domestic
violence'' means a violation of
domestic battery as provided by K.S.A. 2002 Supp. 21-3412a and
ments thereto, or any other misdemeanor under federal, municipal
state law that has as an element the use or attempted use of
force, or the threatened use of a deadly weapon, committed by a
or former spouse, parent, or guardian of the victim, by a person
whom the victim shares a child in common, by a person who is
with or has cohabited with the victim as a spouse, parent or
by a person similarly situated to a spouse, parent or guardian of
(i) ``Auxiliary personnel'' means members
of organized nonsalaried
groups which operate as an adjunct to a police or sheriff's
including reserve officers, posses and search and rescue
Sec. 5. K.S.A. 38-1602 and 74-5602 are hereby
Sec. 6. This act shall take effect and be in force
from and after its
publication in the statute book.
Approved April 1, 2003.