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Session of 2025
HOUSE BILL No. 2325
By Committee on Corrections and Juvenile Justice
Requested by Representative Lewis
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AN ACT concerning children and minors; relating to the revised Kansas
juvenile justice code; authorizing judges to commit juvenile offenders
to detention for technical violations of probation; increasing the
cumulative detention limit for juvenile offenders and criminal penalties
for juvenile offenders who use a firearm in the commission of an
offense or who are repeat offenders; amending K.S.A. 38-2361, 38-
2369 and 75-7023 and K.S.A. 2024 Supp. 38-2391 and 38-2392 and
repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 38-2361 is hereby amended to read as follows: 38-
2361. (a) Upon adjudication as a juvenile offender pursuant to K.S.A. 38-
2356, and amendments thereto, modification of sentence pursuant to
K.S.A. 38-2367, and amendments thereto, or violation of a condition of
sentence pursuant to K.S.A. 38-2368, and amendments thereto, the court
may impose one or more of the following sentencing alternatives for a
fixed period pursuant to K.S.A. 38-2369 and 38-2391, and amendments
thereto.
(1) Place the juvenile on probation for a fixed period pursuant to
K.S.A. 38-2391, and amendments thereto, subject to terms and conditions
the court deems appropriate consistent with juvenile justice programs in
the community. Any juvenile placed on probation shall be supervised
according to the juvenile's risk and needs as determined by a risk and
needs assessment. Placement of juvenile offenders to community
corrections for probation supervision shall be limited to offenders
adjudicated for an offense that are determined to be moderate-risk, high-
risk or very high-risk on a risk and needs assessment using the cutoff
scores established by the secretary pursuant to K.S.A. 38-2360, and
amendments thereto.
(2) Order the juvenile to participate in a community based program
available in such judicial district subject to the terms and conditions the
court deems appropriate. This alternative shall not be ordered with the
alternative in paragraph (11) (10) . Requirements pertaining to child
support may apply if custody is vested with other than a parent.
(3) Place the juvenile in the custody of a parent or other suitable
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HB 2325 2
person, which is not a group home or other facility licensed pursuant to
article 5 of chapter 65 of the Kansas Statutes Annotated, and amendments
thereto, subject to terms and conditions consistent with juvenile justice
programs in the community. This alternative shall not be ordered with the
alternative in paragraph (11) (10) . Requirements pertaining to child
support may apply if custody is vested with other than a parent.
(4) Order the juvenile to attend counseling, educational, mediation or
other sessions, or to undergo a drug evaluation pursuant to subsection (b).
(5) Suspend or restrict the juvenile's driver's license or privilege to
operate a motor vehicle on the streets and highways of this state pursuant
to subsection (c).
(6) Order the juvenile to perform charitable or community service
work.
(7) Order the juvenile to make appropriate reparation or restitution
pursuant to subsection (d).
(8) Order the juvenile to pay a fine not exceeding $1,000 pursuant to
subsection (e).
(9) Place the juvenile under a house arrest program administered by
the court pursuant to K.S.A. 21-6609, and amendments thereto.
(10) Place the juvenile in the custody of the secretary of corrections
as provided in K.S.A. 38-2365, and amendments thereto. This alternative
shall not be ordered with the alternative in paragraph (3) or (12). Except
for mandatory drug and alcohol evaluation, when this alternative is
ordered with alternatives in paragraphs (2), (4) and (9), such orders shall
constitute a recommendation by the court. Requirements pertaining to
child support shall apply under this alternative. The provisions of this
paragraph shall expire on January 1, 2018.
(11) Upon a violation of a condition of sentence, other than a
technical violation pursuant to K.S.A. 38-2368, and amendments thereto,
commit the juvenile to detention for a period no longer than 30 days
subject to the provisions of subsection (g).
(12)(11) If the judge finds and enters into the written record that the
juvenile poses a significant risk of harm to another or damage to property,
and the juvenile is otherwise eligible for commitment pursuant to K.S.A.
38-2369, and amendments thereto, commit the juvenile directly to the
custody of the secretary of corrections for placement in a juvenile
correctional facility or a youth residential facility. Placement in a youth
residential facility shall only be permitted as authorized in K.S.A. 38-
2369(e), and amendments thereto. If the court elects, a period of
conditional release pursuant to K.S.A. 38-2369, and amendments thereto,
may also be ordered. The period of conditional release shall be limited to a
maximum of six months and shall be subject to graduated responses.
Twenty-one days prior to the juvenile's release from a juvenile correctional
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facility, the secretary of corrections or designee shall notify the court of the
juvenile's anticipated release date. This alternative may be ordered with the
alternative in paragraph (7). Requirements pertaining to child support shall
apply under this alternative.
(13)(12) Upon a finding by the trier of fact during adjudication that a
firearm was possessed or used in during the commission of an offense by
the accused which, if committed by an adult, would constitute a felony, a
judge may commit the juvenile directly to the custody of the secretary of
corrections for placement in a juvenile correctional facility or youth
residential facility for a minimum term of six 12 months and up to a
maximum term of 18 36 months, regardless of the risk level of such
juvenile as determined by a risk and needs assessment. If the juvenile is
committed to the custody of the secretary, and the court elects, a period of
conditional release, pursuant to K.S.A. 38-2369, and amendments thereto,
may also be ordered. The period of conditional release shall be limited to a
maximum of six months and shall be subject to graduated responses.
Twenty-one days prior to the juvenile's release from a juvenile correctional
facility or youth residential facility, the secretary of corrections or the
secretary's designee shall notify the court of the juvenile's anticipated
release date.
(b) If the court orders the juvenile to attend counseling, educational,
mediation or other sessions, or to undergo a drug and alcohol evaluation
pursuant to subsection (a)(4), the following provisions apply:
(1) The court may order the juvenile offender to participate in
counseling or mediation sessions or a program of education, including
placement in an alternative educational program approved by a local
school board. The costs of any counseling or mediation may be assessed as
expenses in the case. No mental health center shall charge a fee for court-
ordered counseling greater than what the center would have charged the
person receiving the counseling if the person had requested counseling on
the person's own initiative. No mediator shall charge a fee for court-
ordered mediation greater than what the mediator would have charged the
person participating in the mediation if the person had requested mediation
on the person's own initiative. Mediation may include the victim but shall
not be mandatory for the victim; and
(2) if the juvenile has been adjudicated to be a juvenile by reason of a
violation of a statute that makes such a requirement, the court shall order
and, if adjudicated for any other offense, the court may order the juvenile
to submit to and complete a drug and alcohol evaluation by a community-
based drug and alcohol safety action program certified pursuant to K.S.A.
8-1008, and amendments thereto, and to pay a fee not to exceed the fee
established by that statute for such evaluation. The court may waive the
mandatory evaluation if the court finds that the juvenile completed a drug
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and alcohol evaluation, approved by the community-based alcohol and
drug safety action program, within 12 months before sentencing. If the
evaluation occurred more than 12 months before sentencing, the court
shall order the juvenile to resubmit to and complete the evaluation and
program as provided herein. If the court finds that the juvenile and those
legally liable for the juvenile's support are indigent, the court may waive
the fee. In no event shall the fee be assessed against the secretary of
corrections or the department of corrections nor shall the fee be assessed
against the secretary of the department for children and families or the
Kansas department for children and families if the juvenile is in the
secretary's care, custody and control.
(c) If the court orders suspension or restriction of a juvenile offender's
driver's license or privilege to operate a motor vehicle on the streets and
highways of this state pursuant to subsection (a)(5), the following
provisions apply:
(1) The duration of the suspension ordered by the court shall be for a
definite time period to be determined by the court. Upon suspension of a
license pursuant to this subsection, the court shall require the juvenile
offender to surrender the license to the court. The court shall transmit the
license to the division of motor vehicles of the department of revenue, to
be retained until the period of suspension expires. At that time, the licensee
may apply to the division for return of the license. If the license has
expired, the juvenile offender may apply for a new license, which shall be
issued promptly upon payment of the proper fee and satisfaction of other
conditions established by law for obtaining a license unless another
suspension or revocation of the juvenile offender's privilege to operate a
motor vehicle is in effect. As used in this subsection, "highway" and
"street" have the meanings provided by mean the same as defined in
K.S.A. 8-1424 and 8-1473, and amendments thereto. Any juvenile
offender who does not have a driver's license may have driving privileges
revoked. No Kansas driver's license shall be issued to a juvenile offender
whose driving privileges have been revoked pursuant to this section for a
definite time period to be determined by the court; and
(2) in lieu of suspending a juvenile offender's driver's license or
privilege to operate a motor vehicle on the highways of this state, the court
may enter an order which places conditions on the juvenile offender's
privilege of operating a motor vehicle on the streets and highways of this
state, a certified copy of which the juvenile offender shall be required to
carry any time the juvenile offender is operating a motor vehicle on the
streets and highways of this state. The order shall prescribe a definite time
period for the conditions imposed. Upon entering an order restricting a
juvenile offender's license, the court shall require the juvenile offender to
surrender such juvenile offender's license to the court. The court shall
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transmit the license to the division of vehicles, together with a copy of the
order. Upon receipt thereof, the division of vehicles shall issue without
charge a driver's license which shall indicate on its face that conditions
have been imposed on the juvenile offender's privilege of operating a
motor vehicle and that a certified copy of the order imposing the
conditions is required to be carried by the juvenile offender when
operating a motor vehicle on the streets and highways of this state. If the
juvenile offender is a nonresident, the court shall cause a copy of the order
to be transmitted to the division and the division shall forward a copy of it
to the motor vehicle administrator of the juvenile offender's state of
issuance. The court shall furnish to any juvenile offender whose driver's
license has had conditions imposed on it under this section a copy of the
order, which shall be recognized as a valid Kansas driver's license until the
division issues the restricted license provided for in this subsection. Upon
expiration of the period of time for which conditions are imposed pursuant
to this subsection, the juvenile offender may apply to the division for the
return of the license previously surrendered by the juvenile offender. In the
event the license has expired, the juvenile offender may apply to the
division for a new license, which shall be issued immediately by the
division upon payment of the proper fee and satisfaction of the other
conditions established by law unless such juvenile offender's privilege to
operate a motor vehicle on the streets and highways of this state has been
suspended or revoked prior thereto. If any juvenile offender violates any of
the conditions imposed under this subsection, the juvenile offender's
driver's license or privilege to operate a motor vehicle on the streets and
highways of this state shall be revoked for a period as determined by the
court in which the juvenile offender is convicted of violating such
conditions.
(d) The following provisions apply to the court's determination of
whether to order reparation or restitution pursuant to subsection (a)(7):
(1) The court shall order the juvenile to make reparation or restitution
to the aggrieved party for the damage or loss caused by the juvenile
offender's offense unless it finds compelling circumstances that would
render a plan of reparation or restitution unworkable. If the court finds
compelling circumstances that would render a plan of reparation or
restitution unworkable, the court shall enter such findings with
particularity on the record. In lieu of reparation or restitution, the court
may order the juvenile to perform charitable or social service for
organizations performing services for the community; and
(2) restitution may include, but shall not be limited to, the amount of
damage or loss caused by the juvenile's offense. Restitution may be made
by payment of an amount fixed by the court or by working for the parties
sustaining loss in the manner ordered by the court. An order of monetary
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restitution shall be a judgment against the juvenile that may be collected
by the court by garnishment or other execution as on judgments in civil
cases. Such judgment shall not be affected by the termination of the court's
jurisdiction over the juvenile offender.
(e) If the court imposes a fine pursuant to subsection (a)(8), the
following provisions apply:
(1) The amount of the fine may not exceed $1,000 for each offense.
The amount of the fine should be related to the seriousness of the offense
and the juvenile's ability to pay. Payment of a fine may be required in a
lump sum or installments;
(2) in determining whether to impose a fine and the amount to be
imposed, the court shall consider that imposition of a fine is most
appropriate in cases where the juvenile has derived pecuniary gain from
the offense and that imposition of a restitution order is preferable to
imposition of a fine; and
(3) any fine imposed by the court shall be a judgment against the
juvenile that may be collected by the court by garnishment or other
execution as on judgments in civil cases. Such judgment shall not be
affected by the termination of the court's jurisdiction over the juvenile.
(f) Before the court sentences a juvenile offender pursuant to
subsection (a), the court shall administer a risk assessment tool, as
described in K.S.A. 38-2360, and amendments thereto, or review a risk
assessment tool that was administered within the past six months to the
juvenile and use the results of that assessment to inform orders made
pursuant to K.S.A. 38-2369 and 38-2391, and amendments thereto.
(g) If the court commits the juvenile to detention pursuant to
subsection (a)(11), the following provisions shall apply:
(1) The court shall only order commitment to detention upon
violation of sentencing conditions where all other alternatives have been
exhausted.
(2) In order to commit a juvenile to detention upon violation of
sentencing conditions, the court shall find that the juvenile poses a
significant risk of harm to another or damage to property, is charged with a
new felony offense, or violates conditional release.
(3) The court shall not order commitment to detention upon
adjudication as a juvenile offender pursuant to K.S.A. 38-2356, and
amendments thereto, for solely technical violations of probation, contempt,
a violation of a valid court order, to protect from self-harm or due to any
state or county failure to find adequate alternatives.
(4) Cumulative detention use shall be limited to a maximum of 45 90
days over the course of a juvenile offender's case pursuant to K.S.A. 38-
2391, and amendments thereto. The court shall review any detention
commitment every seven days and may shorten the initial commitment or
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extend the commitment. In no case, however, may the term of detention or
any extension thereof exceed the cumulative detention limit of 45 90 days
or the overall case length limit.
(5) A juvenile over 18 years of age and less than 23 years of age at
sentencing shall be committed to a county jail, in lieu of a juvenile
detention center, under the same time restrictions imposed by paragraph
(1), but shall not be committed to or confined in a juvenile detention
facility.
(h) Any order issued by the judge pursuant to this section shall be in
effect immediately upon entry into the court's minutes.
(i) In addition to the requirements of K.S.A. 38-2373, and
amendments thereto, if a person is under 18 years of age and convicted of
a felony or adjudicated as a juvenile offender for an offense if committed
by an adult would constitute the commission of a felony, the court shall
forward a signed copy of the journal entry to the secretary of corrections
within 30 days of final disposition.
(j) (1) Except as further provided, if a juvenile has been adjudged to
be a juvenile offender for an offense which, if committed by an adult
would constitute the commission of:
(1)(A) Aggravated human trafficking, as defined in K.S.A. 21-
5426(b), and amendments thereto, if the victim is less than 14 years of age;
(2)(B) rape, as defined in K.S.A. 21-5503(a)(3), and amendments
thereto;
(3)(C) aggravated indecent liberties with a child, as defined in K.S.A.
21-5506(b)(3), and amendments thereto;
(4)(D) aggravated criminal sodomy, as defined in K.S.A. 21-5504(b)
(1) or (b)(2), and amendments thereto;
(5)(E) commercial sexual exploitation of a child, as defined in K.S.A.
21-6422, and amendments thereto, if the victim is less than 14 years of
age;
(6)(F) sexual exploitation of a child, as defined in K.S.A. 21-5510(a)
(1) or (a)(4), and amendments thereto, if the victim is less than 14 years of
age; or
(7)(G) an attempt, conspiracy or criminal solicitation, as defined in
K.S.A. 21-5301, 21-5302 or 21-5303, and amendments thereto, of an
offense defined in paragraphs (1) through (6);
(2) The court shall issue an order prohibiting the juvenile from
attending the attendance center that the victim of the offense attends. If
only one attendance center exists, for which the victim and juvenile are
eligible to attend, in the school district where the victim and the juvenile
reside, the court shall hear testimony and take evidence from the victim,
the juvenile, their families and a representative of the school district as to
why the juvenile should or should not be allowed to remain at the
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attendance center attended by the victim. After such hearing, the court may
issue an order prohibiting the juvenile from attending the attendance center
that the victim of the offense attends.
(k) The court may order a short-term alternative placement of a
juvenile pursuant to subsection (a)(3) in an emergency shelter, therapeutic
foster home or community integration program if:
(1) Such juvenile has been adjudicated to be a juvenile offender for
an offense which, if committed by an adult would constitute the
commission of:
(A) Aggravated human trafficking, as defined in K.S.A. 21-5426(b),
and amendments thereto, if the victim is less than 14 years of age;
(B) rape, as defined in K.S.A. 21-5503, and amendments thereto;
(C) commercial sexual exploitation of a child, as defined in K.S.A.
21-6422, and amendments thereto, if the victim is less than 14 years of
age;
(D) sexual exploitation of a child, as defined in K.S.A. 21-5510(a)(1)
or (a)(4), and amendments thereto, if the victim is less than 14 years of
age;
(E) aggravated indecent liberties with a child, as defined in K.S.A.
21-5506, and amendments thereto, if the victim is less than 14 years of
age; or
(F) an attempt, conspiracy or criminal solicitation, as defined in
K.S.A. 21-5301, 21-5302 or 21-5303, and amendments thereto, of an
offense defined in paragraphs (1) through (4); and
(2) (A) the victim resides in the same home as the juvenile offender;
(B) a community supervision officer in consultation with the
department for children and families determines that an adequate safety
plan, which shall include the physical and psychological well-being of the
victim, cannot be developed to keep the juvenile in the same home; and
(C) there are no relevant child in need of care issues that would
permit a case to be filed under the Kansas code for care of children.
The presumptive term of commitment shall not extend beyond the
overall case length limit but may be modified pursuant to K.S.A. 38-2367
and 38-2397, and amendments thereto. If a child is placed outside the
child's home at the dispositional hearing pursuant to this subsection and no
reintegration plan is made a part of the record of the hearing, a written
reintegration plan shall be prepared pursuant to K.S.A. 38-2397, and
amendments thereto, and submitted to the court within 15 days of the
initial order of the court.
(l) The sentencing hearing shall be open to the public as provided in
K.S.A. 38-2353, and amendments thereto.
(m) The overall case length limit shall be calculated by the court and
entered into the written record when one or more of the sentencing options
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under this section are imposed. The period fixed by the court pursuant to
subsection (a) shall not extend beyond the overall case length limit.
Sec. 2. K.S.A. 38-2369 is hereby amended to read as follows: 38-
2369. (a) Except as provided in subsection (e) and K.S.A. 38-2361(a)(13),
and amendments thereto, for the purpose of committing juvenile offenders
to a juvenile correctional facility, upon a finding by the judge entered into
the written order that the juvenile poses a significant risk of harm to
another or damage to property, the following placements shall be applied
by the judge in the cases specified in this subsection. If used, the court
shall establish a specific term of commitment as specified in this
subsection. The term of commitment established by the court shall not
exceed the overall case length limit. Before a juvenile offender is
committed to a juvenile correctional facility pursuant to this section, the
court shall administer a risk assessment tool, as described in K.S.A. 38-
2360, and amendments thereto, or review a risk assessment tool that was
administered within the past six months to the juvenile.
(1) Violent Offenders. (A) The violent offender I is defined as an
offender adjudicated as a juvenile offender for an offense which, if
committed by an adult, would constitute an off-grid felony. Offenders in
this category may be committed to a juvenile correctional facility for a
minimum term of 60 months and up to a maximum term of the offender
reaching the age of 22 years, six months. The aftercare term for this
offender is set at a minimum term of six months and up to a maximum
term of the offender reaching the age of 23 years.
(B) The violent offender II is defined as an offender adjudicated as a
juvenile offender for an offense which, if committed by an adult, would
constitute a nondrug severity level 1, 2 or 3 felony. Offenders in this
category may be committed to a juvenile correctional facility for a
minimum term of 24 months and up to a maximum term of the offender
reaching the age of 22 years, six months. The aftercare term for this
offender is set at a minimum term of six months and up to a maximum
term of the offender reaching the age of 23 years.
(2) Serious Offenders. (A) The serious offender I is defined as an
offender adjudicated as a juvenile offender for an offense which, if
committed by an adult, would constitute a nondrug severity level 4, person
felony.
Offenders in this category may be committed to a juvenile correctional
facility for a minimum term of 18 months and up to a maximum term of 36
months. The aftercare term for this offender is set at a minimum term of
six months and up to a maximum term of 24 months.
(B) The serious offender II is defined as an offender adjudicated as a
juvenile offender for an offense:
(i) Committed prior to July 1, 2012, which, if committed by an adult
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prior to July 1, 2012, would constitute a drug severity level 1 or 2 felony;
or
(ii) committed on or after July 1, 2012, which, if committed by an
adult on or after July 1, 2012, would constitute a drug severity level 1, 2 or
3 felony or a nondrug severity level 5 or 6 person felony.
Offenders in this category may be committed to a juvenile correctional
facility for a minimum term of nine months and up to a maximum term of
18 months.
(C) The serious offender III is defined as an offender adjudicated as a
juvenile offender for an offense which, if committed by an adult, would
constitute a nondrug severity level 7, 8, 9 or 10 person felony with one
prior felony adjudication. Offenders in this category may only be
committed to a juvenile correctional facility if such offenders are assessed
as high-risk on a risk and needs assessment. Offenders in this category
may be committed to a juvenile correctional facility for a minimum term
of six months and up to a maximum term of 12 months.
(3) Chronic Offenders. (A) The chronic offender I, chronic felon is
defined as an offender adjudicated as a juvenile offender for an offense:
(i) Which, if committed by an adult, would constitute one present
nonperson felony adjudication and two prior felony adjudications;
(ii) committed prior to July 1, 2012, which, if committed by an adult
prior to July 1, 2012, would constitute one present drug severity level 3
felony adjudication and two prior felony adjudications; or
(iii) committed on or after July 1, 2012, which, if committed by an
adult on or after July 1, 2012, would constitute one present drug severity
level 4 felony adjudication and two prior felony adjudications.
Offenders in this category may only be committed to a juvenile
correctional facility if such offenders are assessed as high-risk on a risk
and needs assessment. Offenders in this category may be committed to a
juvenile correctional facility for a minimum term of six months and up to a
maximum term of 12 months.
(b) Conditional Release. If the court elects, a period of conditional
release may also be ordered pursuant to K.S.A. 38-2361, and amendments
thereto. The period of conditional release shall be limited to a maximum of
six months and shall be subject to graduated responses. The presumption
upon release shall be a return to the juvenile's home, unless the case plan
developed pursuant to K.S.A. 38-2373, and amendments thereto,
recommends a different reentry plan.
(1) Upon finding the juvenile violated a requirement or requirements
of conditional release, the court may enter one or more of the following
orders:
(A) Recommend additional conditions be added to those of the
existing conditional release.
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(B) Order the offender to serve a period of detention pursuant to
K.S.A. 38-2361(g), and amendments thereto.
(C) Revoke or restrict the juvenile's driving privileges as described in
K.S.A. 38-2361(c), and amendments thereto.
(2) Discharge the offender from the custody of the secretary of
corrections, release the secretary of corrections from further
responsibilities in the case and enter any other appropriate orders.
(c) As used in this section "adjudication" includes out-of-state
juvenile adjudications. An out-of-state offense, which if committed by an
adult would constitute the commission of a felony or misdemeanor, shall
be classified as either a felony or a misdemeanor according to the
adjudicating jurisdiction. If an offense which if committed by an adult
would constitute the commission of a felony is a felony in another state, it
will be deemed a felony in Kansas. The state of Kansas shall classify the
offense, which if committed by an adult would constitute the commission
of a felony or misdemeanor, as person or nonperson. In designating such
offense as person or nonperson, reference to comparable offenses shall be
made. If the state of Kansas does not have a comparable offense, the out-
of-state adjudication shall be classified as a nonperson offense.
(d) The secretary of corrections shall work with the community to
provide on-going support and incentives for the development of additional
evidence-based community practices and programs to ensure that the
juvenile correctional facility is not frequently utilized.
(e) There shall be a rebuttable presumption that all offenders in the
chronic offender category and offenders at least 10 years of age but less
than 14 years of age in the serious offender II or III category, shall be
placed in the custody of the secretary for placement in a youth residential
facility in lieu of placement in the juvenile correctional facility. This
presumption may be rebutted by a finding on the record that the juvenile
offender poses a significant risk of physical harm to another.
Sec. 3. K.S.A. 2024 Supp. 38-2391 is hereby amended to read as
follows: 38-2391. (a) Upon adjudication as a juvenile offender pursuant to
K.S.A. 38-2356, and amendments thereto, modification of sentence
pursuant to K.S.A. 38-2367, and amendments thereto, or violation of a
condition of sentence pursuant to K.S.A. 38-2368, and amendments
thereto, the court may impose one or more of the sentencing alternatives
under K.S.A. 38-2361, and amendments thereto, for a period of time
pursuant to this section and K.S.A. 38-2369, and amendments thereto. The
period of time ordered by the court shall not exceed the overall case length
limit.
(b) Except as provided in subsection (c), the overall case length limit
shall be calculated based on the adjudicated offense and the results of a
risk and needs assessment, as follows:
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(1) Offenders adjudicated for a misdemeanor may remain under the
jurisdiction of the court for up to 12 months;
(2) low-risk and moderate-risk offenders adjudicated for a felony may
remain under court jurisdiction for up to 15 months; and
(3) high-risk offenders adjudicated for a felony may remain under
court jurisdiction for up to 18 months.
(c) There shall be no overall case length limit for a juvenile
adjudicated for a felony which, if committed by an adult, would constitute
an off-grid felony or a nondrug severity level 1 through 4 person felony.
(d) When a juvenile is adjudicated for multiple counts, the maximum
overall case length shall be calculated based on the most severe
adjudicated count or any other adjudicated count at the court's discretion.
The court shall not run multiple adjudicated counts consecutively.
(e) When the juvenile is adjudicated for multiple cases
simultaneously, the court shall run such cases concurrently.
(f) Upon expiration of the overall case length limit as defined in
subsection (b), the court's jurisdiction terminates and shall not be
extended, except as provided in subsection (g)(2).
(g) (1) For the purposes of placing juvenile offenders on probation
pursuant to K.S.A. 38-2361, and amendments thereto, the court shall
establish a specific term of probation as specified in this subsection based
on the most serious adjudicated count in combination with the results of a
risk and needs assessment, as follows, except that the term of probation
shall not exceed the overall case length limit:
(A) Low-risk and moderate-risk offenders adjudicated for a
misdemeanor and low-risk offenders adjudicated for a felony may be
placed on probation for a term up to six months;
(B) high-risk offenders adjudicated for a misdemeanor and moderate-
risk offenders adjudicated for a felony may be placed on probation for a
term up to nine months; and
(C) high-risk offenders adjudicated for a felony may be placed on
probation for a term up to 12 months.
(2) The court may extend the term of probation if a juvenile needs
time to complete an evidence-based program as determined to be
necessary based on the results of a validated risk and needs assessment
and, if necessary, may extend the overall case length limit to allow for
completion of such program when failure to complete such program is due
to a repeated, intentional effort to delay by the juvenile as reported by the
evidence-based services provider. The court may also extend the term of
probation for good cause shown for one month for low-risk offenders,
three months for moderate-risk offenders and six months for high-risk
offenders. Prior to extension of the initial probationary term, the court
shall find and enter into the written record the criteria permitting extension
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of probation. Extensions of probation and the overall case length limit
shall only be granted incrementally. When the court extends the term of
probation for a juvenile offender, the court services officer or community
correctional services officer responsible for monitoring such juvenile
offender shall record the reason given for extending probation. Court
services officers shall report such records to the office of judicial
administration, and community correctional services officers shall report
such records to the department of corrections. The office of judicial
administration and the department of corrections shall report such recorded
data to the Kansas juvenile justice oversight committee on a quarterly
basis.
(3) The probation term limits do not apply to those offenders
adjudicated for an offense which, if committed by an adult, would
constitute an off-grid crime, rape as defined in K.S.A. 21-5503(a)(1), and
amendments thereto, aggravated criminal sodomy as defined in K.S.A. 21-
5504(b)(3), and amendments thereto, or murder in the second degree as
defined in K.S.A. 21-5403, and amendments thereto. Such offenders may
be placed on probation for a term consistent with the overall case length
limit.
(4) The probation term limits and overall case length limits provided
in this section shall be tolled during any time that the offender has
absconded from supervision while on probation, and the time on such
limits shall not start to run again until the offender is located and brought
back to the jurisdiction.
(h) For the purpose of placing juvenile offenders in detention
pursuant to K.S.A. 38-2361 and 38-2369, and amendments thereto, the
court shall establish a specific term of detention. The term of detention
shall not exceed the overall case length limit or the cumulative detention
limit. Cumulative detention use shall be limited to a maximum of 45 90
days over the course of the juvenile offender's case, except that there shall
be no limit on cumulative detention for juvenile offenders adjudicated for
a felony which, if committed by an adult, would constitute an off-grid
felony or a nondrug severity level 1 through 4 person felony.
(i) The provisions of this section shall apply upon disposition or 15
days after adjudication, whichever is sooner , unless the juvenile fails to
appear for such juvenile's dispositional hearing. If a juvenile fails to appear
at such juvenile's dispositional hearing, the probation term limits and
overall case length limits provided in this section shall not apply until the
juvenile is brought before the court for disposition in such juvenile's case.
(j) This section shall be a part of and supplemental to the revised
Kansas juvenile justice code.
Sec. 4. K.S.A. 2024 Supp. 38-2392 is hereby amended to read as
follows: 38-2392. (a) The department of corrections shall, in consultation
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with the supreme court, adopt rules and regulations by January 1, 2017, for
a statewide system of structured community-based graduated responses for
technical violations of probation, violations of conditional release and
violations of a condition of sentence by juveniles. Such graduated
responses shall be utilized by community supervision officers to provide a
continuum of community-based responses. These responses shall include
sanctions that are swift and certain to address violations based on the
severity of the violation as well as incentives that encourage positive
behaviors. Such responses shall take into account the juvenile's risks and
needs. The court services officer or community correctional services
officer shall immediately notify the court and shall submit in writing a
report showing in what manner the juvenile has violated probation,
conditional release or a condition of sentence.
(b) (1) Except as provided in paragraph (4), when a juvenile is placed
on probation pursuant to K.S.A. 38-2361, and amendments thereto,
community supervision officers shall utilize graduated responses, targeted
to the juvenile's risks and needs based on the results of a risk and needs
assessment to address technical violations. A technical violation shall only
be considered by the court for revocation if:
(A) It is a third or subsequent technical violation;
(B) prior failed responses are documented in the juvenile's case plan;
and
(C) the community supervision officer has determined and
documented that graduated responses to the violation will not suffice.
(2) Unless a juvenile poses a significant risk of physical harm to
another or damage to property, community supervision officers shall issue
a summons rather than request a warrant on a third or subsequent technical
violation subject to review by the court.
(3) Absconding from supervision shall not be considered a technical
violation of probation and, after reasonable efforts to locate a juvenile that
has absconded are unsuccessful, the court may issue a warrant for the
juvenile pursuant to K.S.A. 38-2342, and amendments thereto.
(4) When a juvenile is placed on probation pursuant to K.S.A. 38-
2361, and amendments thereto, a judge may commit such juvenile to
detention for a violation of probation , including a technical violation, and
for contempt of court if the judge makes a finding that the juvenile is
demonstrating escalating use of physical violence, aggression, weapons,
damage to property or life-threatening substances. A juvenile may be
committed to detention for a period not to exceed:
(A) 24 hours for a first violation;
(B) 48 hours for a second violation; and
(C) 15 days for a third or subsequent violation.
(c) When a juvenile is placed on probation pursuant to K.S.A. 38-
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2361, and amendments thereto, the community supervision officer
responsible for oversight of the juvenile shall develop a case plan in
consultation with the juvenile and the juvenile's family. The department for
children and families and local board of education may participate in the
development of the case plan when appropriate.
(1) Such case plan shall incorporate the results of the risk and needs
assessment, referrals to programs, documentation on violations and
graduated responses and shall clearly define the role of each person or
agency working with the juvenile.
(2) If the juvenile is later committed to the custody of the secretary,
the case plan shall be shared with the juvenile correctional facility.
(d) This section shall be a part of and supplemental to the revised
Kansas juvenile justice code.
Sec. 5. K.S.A. 75-7023 is hereby amended to read as follows: 75-
7023. (a) The secretary for children and families may contract with the
secretary of corrections to provide for the juvenile intake and assessment
system and programs for children in need of care. Except as provided
further, the secretary of corrections shall promulgate rules and regulations
for the juvenile intake and assessment system and programs concerning
juvenile offenders. If the secretary contracts with the office of judicial
administration to administer the juvenile intake and assessment system and
programs concerning juvenile offenders, the supreme court administrative
orders shall be in force until such contract ends and the rules and
regulations concerning juvenile intake and assessment system and
programs concerning juvenile offenders have been adopted.
(b) Except as otherwise provided in this subsection, records, reports
and information obtained as a part of the juvenile intake and assessment
process shall not be admitted into evidence in any proceeding and shall not
be used in a child in need of care proceeding or a juvenile offender
proceeding.
(1) Such records, reports and information may be used in a child in
need of care proceeding for diagnostic and referral purposes and by the
court in considering dispositional alternatives. If the records, reports or
information are in regard to abuse or neglect, which is required to be
reported under K.S.A. 38-2223, and amendments thereto, such records,
reports or information may then be used for any purpose in a child in need
of care proceeding pursuant to the revised Kansas code for care of
children.
(2) Such records, reports and information may be used in a juvenile
offender proceeding only if such records, reports and information are in
regard to the possible trafficking of a runaway. Such records, reports and
information in regard to the possible trafficking of a runaway shall be
made available to the appropriate county or district attorney and the court,
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and shall be used only for diagnostic and referral purposes.
(c) Upon a juvenile being taken into custody pursuant to K.S.A. 38-
2330, and amendments thereto, a juvenile intake and assessment worker
shall complete the intake and assessment process, making release and
referral determinations as required by supreme court administrative order
or district court rule, or except as provided above [in] rules and regulations
established by the secretary of corrections.
(d) Except as provided in subsection (g) and in addition to any other
information required by the supreme court administrative order, the
secretary for children and families, the secretary of corrections or by the
district court of such district, the juvenile intake and assessment worker
shall collect the following information either in person or over two-way
audio or audio-visual communication:
(1) The results of a standardized detention risk assessment tool
pursuant to K.S.A. 38-2302, and amendments thereto, if detention is being
considered for the juvenile, such as the problem oriented screening
instrument for teens;
(2) criminal history, including indications of criminal gang
involvement;
(3) abuse history;
(4) substance abuse history;
(5) history of prior community services used or treatments provided;
(6) educational history;
(7) medical history;
(8) family history; and
(9) the results of other assessment instruments as approved by the
secretary.
(e) After completion of the intake and assessment process for such
child, the intake and assessment worker shall make both a release and a
referral determination:
(1) Release the child to the custody of the child's parent, other legal
guardian or another appropriate adult.
(2) Conditionally release the child to the child's parent, other legal
guardian or another appropriate adult if the intake and assessment worker
believes that if the conditions are met, it would be in the child's best
interest to release the child to such child's parent, other legal guardian or
another appropriate adult; and the intake and assessment worker has
reason to believe that it might be harmful to the child to release the child to
such child's parents, other legal guardian or another appropriate adult
without imposing the conditions. The conditions may include, but not be
limited to the alternatives listed in K.S.A. 38-2331(b), and amendments
thereto, and the following:
(A) Participation of the child in counseling;
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(B) participation of members of the child's family in counseling;
(C) participation by the child, members of the child's family and other
relevant persons in mediation;
(D) provision of outpatient treatment for the child;
(E) referral of the child and the child's family to the secretary for
children and families for services and the agreement of the child and
family to accept and participate in the services offered;
(F) referral of the child and the child's family to available community
resources or services and the agreement of the child and family to accept
and participate in the services offered;
(G) requiring the child and members of the child's family to enter into
a behavioral contract which may provide for regular school attendance
among other requirements; or
(H) any special conditions necessary to protect the child from future
abuse or neglect.
(3) Deliver the child to a shelter facility or a licensed attendant care
center along with the law enforcement officer's written application for a
maximum stay of up to 72 hours. The shelter facility or licensed attendant
care facility shall then have custody as if the child had been directly
delivered to the facility by the law enforcement officer pursuant to K.S.A.
38-2232, and amendments thereto.
(4) The intake and assessment worker shall also refer the juvenile's
case to one of the following:
(A) An immediate intervention program pursuant to K.S.A. 38-
2346(b), and amendments thereto;
(B) the county or district attorney for appropriate proceedings to be
filed, with or without a recommendation that the juvenile be considered for
alternative means of adjudication programs pursuant to K.S.A. 38-2389,
and amendments thereto, or immediate intervention pursuant to K.S.A. 38-
2346, and amendments thereto; or
(C) refer the child and family to the secretary for children and
families for investigations in regard to the allegations.
(f) The secretary of corrections, in conjunction with the office of
judicial administration, shall develop, implement and validate on the
Kansas juvenile population, a statewide detention risk assessment tool.
(1) The assessment shall be conducted for each youth under
consideration for detention and may only be conducted by a juvenile
intake and assessment worker who has completed training to conduct the
detention risk assessment tool.
(2) The secretary and the office of judicial administration shall
establish cutoff scores determining eligibility for placement in a juvenile
detention facility or for referral to a community-based alternative to
detention and shall collect and report data regarding the use of the
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detention risk assessment tool.
(3) (A) The detention risk assessment tool includes an override
function that may be approved by the court for use under certain
circumstances. If approved by the court, the juvenile intake and
assessment worker or the court may override the detention risk assessment
tool score in order to direct placement in a short-term shelter facility, a
community-based alternative to detention or, subject to K.S.A. 38-2331,
and amendments thereto, a juvenile detention facility. Such override must
be documented, include a written explanation and receive approval from
the director of the intake and assessment center or the court.
(B) The court shall approve an override function of the detention risk
assessment tool for use when a juvenile is alleged to have possessed or
used a firearm during the commission of an offense. In such an instance,
the juvenile intake and assessment worker or the court shall override the
detention risk assessment tool score to order direct placement in a juvenile
detention facility.
(4) If a juvenile meets one or more eligibility criteria for detention or
referral to a community-based alternative to detention, the person with
authority to detain shall maintain discretion to release the juvenile if other
less restrictive measures would be adequate.
(g) Parents, guardians and juveniles may access the juvenile intake
and assessment programs on a voluntary basis. The parent or guardian
shall be responsible for the costs of any such program utilized.
(h) Every juvenile intake and assessment worker shall receive
training in evidence-based practices, including, but not limited to:
(1) Risk and needs assessments;
(2) individualized diversions based on needs and strengths;
(3) graduated responses;
(4) family engagement;
(5) trauma-informed care;
(6) substance abuse;
(7) mental health; and
(8) special education.
Sec. 6. K.S.A. 38-2361, 38-2369 and 75-7023 and K.S.A. 2024 Supp.
38-2391 and 38-2392 are hereby repealed.
Sec. 7. This act shall take effect and be in force from and after its
publication in the statute book.
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