SESSION OF 1998
SUPPLEMENTAL NOTE ON
SUBSTITUTE FOR SENATE BILL NO. 682
As Recommended by Senate Committee on
Federal and State Affairs
The bill would make a number of changes to statutes
concerning juvenile offenders and the Juvenile Justice Authority.
The major changes are summarized below.
Organization and Management
The bill would:
- •Enact a new statute authorizing the Commissioner of Juvenile
Justice to appoint deputy commissioners, assistant commissioners, a public information officer, a chief attorney and
other attorneys, and a personal secretary all of which would
be in the unclassified civil service.
- Under existing law, the Commissioner is authorized to
employ a Deputy Commissioner to head each of the four
statutorily created divisions of the Juvenile Justice Authority. Those Deputies are in the unclassified civil service.
That provision would be repealed by the bill. Also under
existing law, the Commissioner is authorized to appoint
any assistants and employees necessary to carry out the
duties of the Authority. Those positions are in the classified civil service.
- •Replace the requirement that the Commissioner establish
specific divisions within the Juvenile Justice Authority with
a provision that all of the functions described in current law
be addressed in the agency.
- Under existing law, the Commissioner is required to
establish four divisions: Operations, Research and Prevention, Contracts, and Performance Audit. The function of
each division is described in statute. The bill would not
change those functions.
- •Include juvenile correctional facility staff among those
persons who may apply for a court order to have another
person tested for HIV if the staff person has come into
contact with or been exposed to the transmission of bodily
fluids of the other person. The procedures for the request
and test would be the same as in existing law.
- Under existing law, corrections officers, emergency
services employees, or law enforcement employees can
request that a court order an HIV test of another person.
- •Include juvenile correctional facility staff among the categories of state employees who may be subject to drug screening
tests after they have been offered employment.
- Under existing law, pre-employment drug screening is
authorized for persons who have been offered employment
as a law enforcement officer authorized to carry firearms,
state corrections officers, heads of state agencies who are
appointed by the Governor, and members of the Governor's staff. The Governor, Lieutenant Governor, and
Attorney General are subject to similar provisions.
- •Provide that drug test results would be confidential and not
subject to public disclosure except in a Civil Service Board
- Under existing law, all drug screening results are confidential.
- Provide that all persons employed in a correctional institution
or in a juvenile correctional facility could be subject to drug
screening based upon reasonable suspicion of illegal drug use.
- Under existing law, drug screening, based on reasonable
suspicion, is authorized for law enforcement officers
authorized to carry firearms, state corrections officers, the
Governor, Lieutenant Governor, Attorney General, heads of
state agencies who are appointed by the Governor, and
members of the Governor's staff.
Juvenile Offender Prosecution and Placement
The bill would:
- •Repeal a provision that allows prosecutors to request, at any
time prior to sentencing, that the court designate the proceedings against a juvenile as an adult prosecution or an
extended jurisdiction juvenile prosecution. Those requests
would be allowable only prior to the beginning of the evidentiary hearing. The bill also would clarify that if a juvenile is
prosecuted as an adult, but ultimately convicted or adjudicated of a lesser included offense, sentencing would be as a
- •Place a 28-day limit on the length of time that juvenile
offenders between the ages of 18 and 23 who have violated
probation could be committed to a county jail. Any such
commitment would have to be reviewed after seven days.
- Under existing law, those same limitations are placed on
commitment of younger juveniles to a sanctions house.
- •Specify that an adjudication under the Juvenile Offender
Code as it existed prior to July 1, 1997 would be a criterion
for placement in a juvenile correctional facility.
- •Provide that after July 1, 1999 judges could place juvenile
offenders in juvenile correctional facilities in accordance with
a statutory placement matrix.
- •Require a court to find that all appropriate community
placement options have been exhausted only prior to placing
a chronic offender III, escalating misdemeanant in a juvenile
- Under existing law, a court must find that community
placement options have been exhausted is required in all
cases covered by the placement matrix.
- •Allow, in addition to situations covered by existing law,
juveniles to be detained in adult jails if: they have had a
detention hearing, prosecution as an adult or extended
jurisdiction juvenile has been authorized, or they were
previously convicted as an adult.
- Under existing law, juveniles can be housed in adult jails
on a temporary basis under certain circumstances as long
as a motion has been filed requesting prosecution as an
- •Prohibit the admission to juvenile correctional facilities of
juvenile offenders who have been convicted as adults or are
under extended juvenile jurisdiction unless the juvenile is
under 16 at the time of sentencing and has been placed in
the custody of the Secretary of Corrections.
The bill was requested for introduction by the Commissioner
of Juvenile Justice. As introduced, the bill was similar to H.B.
2861 which was not acted upon by the House Committee on
Judiciary prior to the deadline for bills in the first house.
The Commissioner of Juvenile Justice presented background
on the bill to the Senate Committee on Federal and State Affairs.
A representative of the County and District Attorney's Association
presented suggested amendments prepared by the Geary County
Attorney. No opponents of the bill presented testimony at the
Senate Committee hearing.
The substitute bill incorporates changes that were suggested
by the Commissioner of Juvenile Justice and by the Geary County
Attorney. Other changes in the substitute bill are technical and
clarifying in nature.
The fiscal note prepared by the Division of the Budget for the
introduced version of the bill indicates that the Juvenile Justice
Authority anticipates that any fiscal impact of the bill could be
absorbed within the agency's existing resources. The fiscal note
does not address the impact of changes incorporated in the
substitute bill that were not included in the original bill.
1. *Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at