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HOUSE BILL No. 2329
AN ACT concerning children and minors; changing the name of juvenile crisis intervention
centers to juvenile stabilization centers; modifying the intake criteria for such centers;
prohibiting certain rules and regulations for such centers; modifying the treatment
and services provided by such centers; relating to the revised Kansas juvenile justice
code; 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; providing for increased placement of juvenile offenders in
non-foster home beds in youth residential facilities; requiring the secretary of
corrections to pay for the costs associated with such placements between July 1,
2026, and July 1, 2030 ; requiring the Kansas juvenile justice oversight committee to
monitor the impact and effectiveness of such placements; authorizing the secretary to
make expenditures from the evidence-based programs account of the state general
fund moneys to contract for such beds in youth residential facilities prior to July 1,
2030; transferring moneys from such account of the state general fund to the
department for children and families to provide juvenile stabilization services;
amending K.S.A. 38-2232, 38-2242, 38-2361, 38-2365, 38-2369, 38-2399, 75-52,161
and 75-7023 and K.S.A. 2025 Supp. 38-2243, 38-2330, 38-2391, 65-536 and 75-
52,164 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 38-2232 is hereby amended to read as follows:
38-2232. (a) (1) To the extent possible, when any law enforcement
officer takes into custody a child under the age of 18 years without a
court order, the child shall promptly be delivered to the custody of the
child's parent or other custodian unless there are reasonable grounds to
believe that such action would not be in the best interests of the child.
(2) Except as provided in subsection (b), if the child is not
delivered to the custody of the child's parent or other custodian, the
child shall promptly be delivered to a:
(A) (i) Shelter facility designated by the court;
(ii) court services officer;
(iii) juvenile intake and assessment worker;
(iv) licensed attendant care center;
(v) juvenile crisis intervention stabilization center after written
authorization by a community mental health center; or
(vi) other person;
(B) if the child is 15 years of age or younger, to a facility or
person designated by the secretary; or
(C) if the child is 16 or 17 years of age and the child has no
identifiable parental or family resources or shows signs of physical,
mental, emotional or sexual abuse, to a facility or person designated by
the secretary.
(3) If, after delivery of the child to a shelter facility, the person in
charge of the shelter facility at that time and the law enforcement
officer determine that the child will not remain in the shelter facility
and if the child is presently alleged, but not yet adjudicated, to be a
child in need of care solely pursuant to K.S.A. 38-2202(d)(9) or (d)
(10), and amendments thereto, the law enforcement officer shall deliver
the child to a secure facility, designated by the court, where the child
shall be detained for not more than 24 hours, excluding Saturdays,
Sundays, legal holidays, and days on which the office of the clerk of
the court is not accessible.
(4) No child taken into custody pursuant to this code shall be
placed in a secure facility, except as authorized by this section and by
K.S.A. 38-2242, 38-2243 and 38-2260, and amendments thereto.
(5) It shall be the duty of the law enforcement officer to furnish to
the county or district attorney, without unnecessary delay, all the
information in the possession of the officer pertaining to the child, the
child's parents or other persons interested in or likely to be interested in
the child and all other facts and circumstances which caused the child
to be taken into custody.
(b) (1) When any law enforcement officer takes into custody any
child as provided in K.S.A. 38-2231(b)(2), and amendments thereto,
HOUSE BILL No. 2329—page 2
proceedings shall be initiated in accordance with the provisions of the
interstate compact on juveniles, K.S.A. 38-1001 et seq., and
amendments thereto, or K.S.A. 38-1008, and amendments thereto,
when effective. Any child taken into custody pursuant to the interstate
compact on juveniles may be detained in a juvenile detention facility or
other secure facility.
(2) When any law enforcement officer takes into custody any child
as provided in K.S.A. 38-2231(b)(3), and amendments thereto, the law
enforcement officer shall place the child in protective custody and may
deliver the child to a staff secure facility. The law enforcement officer
shall contact the department for children and families to begin an
assessment to determine safety, placement and treatment needs for the
child. Such child shall not be placed in a secure facility, except as
authorized by this section and by K.S.A. 38-2242, 38-2243 and 38-
2260, and amendments thereto.
(3) When any law enforcement officer takes into custody any child
as provided in K.S.A. 38-2231(b)(4), and amendments thereto, the law
enforcement officer shall place the child in protective custody and may
deliver the child to a juvenile crisis intervention stabilization center
after written authorization by a community mental health center . Such
child shall not be placed in a juvenile detention facility or other secure
facility.
(c) Whenever a child under the age of 18 years is taken into
custody by a law enforcement officer without a court order and is
thereafter placed as authorized by subsection (a), the facility or person
shall, upon written application of the law enforcement officer, have
physical custody and provide care and supervision for the child. The
application shall state:
(1) The name and address of the child, if known;
(2) the names and addresses of the child's parents or nearest
relatives and persons with whom the child has been residing, if known;
and
(3) the officer's belief that the child is a child in need of care and
that there are reasonable grounds to believe that the circumstances or
condition of the child is such that the child would be harmed unless
placed in the immediate custody of the shelter facility or other person.
(d) A copy of the application shall be furnished by the facility or
person receiving the child to the county or district attorney without
unnecessary delay.
(e) The shelter facility or other person designated by the court who
has custody of the child pursuant to this section shall discharge the
child not later than 72 hours following admission, excluding Saturdays,
Sundays, legal holidays, and days on which the office of the clerk of
the court is not accessible, unless a court has entered an order
pertaining to temporary custody or release.
(f) In absence of a court order to the contrary, the county or
district attorney or the placing law enforcement agency shall have the
authority to direct the release of the child at any time.
(g) When any law enforcement officer takes into custody any child
as provided in K.S.A. 38-2231(d), and amendments thereto, the child
shall promptly be delivered to the school in which the child is enrolled,
any location designated by the school in which the child is enrolled or
the child's parent or other custodian.
Sec. 2. K.S.A. 38-2242 is hereby amended to read as follows: 38-
2242. (a) The court, upon verified application, may issue ex parte an
order directing that a child be held in protective custody and, if the
child has not been taken into custody, an order directing that the child
be taken into custody. The application shall state for each child:
(1) The applicant's belief that the child is a child in need of care;
HOUSE BILL No. 2329—page 3
(2) that the child is likely to sustain harm if not immediately
removed from the home;
(3) that allowing the child to remain in the home is contrary to the
welfare of the child; and
(4) the facts relied upon to support the application, including
efforts known to the applicant to maintain the family unit and prevent
the unnecessary removal of the child from the child's home, or the
specific facts supporting that an emergency exists which threatens the
safety of the child.
(b) (1) The order of protective custody may be issued only after
the court has determined there is probable cause to believe the
allegations in the application are true. The order shall remain in effect
until the temporary custody hearing provided for in K.S.A. 38-2243,
and amendments thereto, unless earlier rescinded by the court.
(2) No child shall be held in protective custody for more than 72
hours, excluding Saturdays, Sundays, legal holidays, and days on
which the office of the clerk of the court is not accessible, unless within
the 72-hour period a determination is made as to the necessity for
temporary custody in a temporary custody hearing. The time spent in
custody pursuant to K.S.A. 38-2232, and amendments thereto, shall be
included in calculating the 72-hour period. Nothing in this subsection
shall be construed to mean that the child must remain in protective
custody for 72 hours. If a child is in the protective custody of the
secretary, the secretary shall allow at least one supervised visit between
the child and the parent or parents within such time period as the child
is in protective custody. The court may prohibit such supervised visit if
the court determines it is not in the best interest of the child.
(c) (1) Whenever the court determines the necessity for an order of
protective custody, the court may place the child in the protective
custody of:
(A) A parent or other person having custody of the child and may
enter a restraining order pursuant to subsection (e);
(B) a person, other than the parent or other person having custody,
who shall not be required to be licensed under article 5 of chapter 65 of
the Kansas Statutes Annotated, and amendments thereto;
(C) a youth residential facility;
(D) a shelter facility;
(E) a staff secure facility, notwithstanding any other provision of
law, if the child has been subjected to human trafficking or aggravated
human trafficking, as defined by K.S.A. 21-5426, and amendments
thereto, or commercial sexual exploitation of a child, as defined by
K.S.A. 21-6422, and amendments thereto, or the child committed an act
which, if committed by an adult, would constitute a violation of K.S.A.
21-6419, and amendments thereto;
(F) after written authorization by a community mental health
center, a juvenile crisis intervention stabilization center as described in
K.S.A. 65-536, and amendments thereto; or
(G) the secretary, if the child is 15 years of age or younger, or 16
or 17 years of age if the child has no identifiable parental or family
resources or shows signs of physical, mental, emotional or sexual
abuse.
(2) If the secretary presents the court with a plan to provide
services to a child or family which the court finds will assure the safety
of the child, the court may only place the child in the protective custody
of the secretary until the court finds the services are in place. The court
shall have the authority to require any person or entity agreeing to
participate in the plan to perform as set out in the plan. When the child
is placed in the protective custody of the secretary, the secretary shall
have the discretionary authority to place the child with a parent or to
HOUSE BILL No. 2329—page 4
make other suitable placement for the child. When the child is placed in
the temporary custody of the secretary and the child has been subjected
to human trafficking or aggravated human trafficking, as defined by
K.S.A. 21-5426, and amendments thereto, or commercial sexual
exploitation of a child, as defined by K.S.A. 21-6422, and amendments
thereto, or the child committed an act which, if committed by an adult,
would constitute a violation of K.S.A. 21-6419, and amendments
thereto, the secretary shall have the discretionary authority to place the
child in a staff secure facility, notwithstanding any other provision of
law. When the child is presently alleged, but not yet adjudicated, to be a
child in need of care solely pursuant to K.S.A. 38-2202(d)(9) or (d)
(10), and amendments thereto, the child may be placed in a secure
facility pursuant to an order of protective custody for a period of not to
exceed 24 hours, excluding Saturdays, Sundays, legal holidays, and
days on which the office of the clerk of the court is not accessible.
(d) The order of protective custody shall be served pursuant to
K.S.A. 38-2237(a), and amendments thereto, on the child's parents and
any other person having legal custody of the child. The order shall
prohibit the removal of the child from the court's jurisdiction without
the court's permission.
(e) If the court issues an order of protective custody, the court may
also enter an order restraining any alleged perpetrator of physical,
sexual, mental or emotional abuse of the child from residing in the
child's home; visiting, contacting, harassing or intimidating the child,
other family member or witness; or attempting to visit, contact, harass
or intimidate the child, other family member or witness. Such
restraining order shall be served by personal service pursuant to K.S.A.
38-2237(a), and amendments thereto, on any alleged perpetrator to
whom the order is directed.
(f) (1) The court shall not enter the initial order removing a child
from the custody of a parent pursuant to this section unless the court
first finds probable cause that: (A) (i) The child is likely to sustain harm
if not immediately removed from the home;
(ii) allowing the child to remain in home is contrary to the welfare
of the child; or
(iii) immediate placement of the child is in the best interest of the
child; and
(B) reasonable efforts have been made to maintain the family unit
and prevent the unnecessary removal of the child from the child's home
or that an emergency exists which threatens the safety to the child.
(2) Such findings shall be included in any order entered by the
court. If the child is placed in the custody of the secretary, the court
shall provide the secretary with a written copy of any orders entered
upon making the order.
Sec. 3. K.S.A. 2025 Supp. 38-2243 is hereby amended to read as
follows: 38-2243. (a) Upon notice and hearing, the court may issue an
order directing who shall have temporary custody and may modify the
order during the pendency of the proceedings as will best serve the
child's welfare.
(b) A hearing pursuant to this section shall be held within 72
hours, excluding Saturdays, Sundays, legal holidays, and days on
which the office of the clerk of the court is not accessible, following a
child having been taken into protective custody.
(c) Whenever it is determined that a temporary custody hearing is
required, the court shall immediately set the time and place for the
hearing. Notice of a temporary custody hearing shall be given to all
parties and interested parties.
(d) Notice of the temporary custody hearing shall be given at least
24 hours prior to the hearing. The court may continue the hearing to
HOUSE BILL No. 2329—page 5
afford the 24 hours prior notice or, with the consent of the party or
interested party, proceed with the hearing at the designated time. If an
order of temporary custody is entered and the parent or other person
having custody of the child has not been notified of the hearing, did not
appear or waive appearance and requests a rehearing, the court shall
rehear the matter without unnecessary delay.
(e) Oral notice may be used for giving notice of a temporary
custody hearing where there is insufficient time to give written notice.
Oral notice is completed upon filing a certificate of oral notice.
(f) The court may enter an order of temporary custody after
determining there is probable cause to believe that the:
(1) Child is dangerous to self or to others;
(2) child is not likely to be available within the jurisdiction of the
court for future proceedings;
(3) health or welfare of the child may be endangered without
further care;
(4) child has been subjected to human trafficking or aggravated
human trafficking, as defined by K.S.A. 21-5426, and amendments
thereto, or commercial sexual exploitation of a child, as defined by
K.S.A. 21-6422, and amendments thereto;
(5) child is experiencing a behavioral health crisis and is in need
of treatment; or
(6) child committed an act which, if committed by an adult, would
constitute a violation of K.S.A. 21-6419, and amendments thereto.
(g) (1) Whenever the court determines the necessity for an order
of temporary custody the court may place the child in the temporary
custody of:
(A) A parent or other person having custody of the child and may
enter a restraining order pursuant to subsection (h);
(B) a person, other than the parent or other person having custody,
who shall not be required to be licensed under article 5 of chapter 65 of
the Kansas Statutes Annotated, and amendments thereto;
(C) a youth residential facility;
(D) a shelter facility;
(E) a staff secure facility, notwithstanding any other provision of
law, if the child has been subjected to human trafficking or aggravated
human trafficking, as defined by K.S.A. 21-5426, and amendments
thereto, or commercial sexual exploitation of a child, as defined by
K.S.A. 21-6422, and amendments thereto, or the child committed an act
which, if committed by an adult, would constitute a violation of K.S.A.
21-6419, and amendments thereto;
(F) after written authorization by a community mental health
center, a juvenile crisis intervention stabilization center, as described in
K.S.A. 65-536, and amendments thereto; or
(G) the secretary, if the child is 15 years of age or younger, or 16
or 17 years of age if the child has no identifiable parental or family
resources or shows signs of physical, mental, emotional or sexual
abuse.
(2) If the secretary presents the court with a plan to provide
services to a child or family which the court finds will assure the safety
of the child, the court may only place the child in the temporary
custody of the secretary until the court finds the services are in place.
The court shall have the authority to require any person or entity
agreeing to participate in the plan to perform as set out in the plan.
When the child is placed in the temporary custody of the secretary, the
secretary shall have the discretionary authority to place the child with a
parent or to make other suitable placement for the child. When the child
is placed in the temporary custody of the secretary and the child has
been subjected to human trafficking or aggravated human trafficking,
HOUSE BILL No. 2329—page 6
as defined by K.S.A. 21-5426, and amendments thereto, or commercial
sexual exploitation of a child, as defined by K.S.A 21-6422, and
amendments thereto, or the child committed an act which, if committed
by an adult, would constitute a violation of K.S.A. 21-6419, and
amendments thereto, the secretary shall have the discretionary authority
to place the child in a staff secure facility, notwithstanding any other
provision of law. When the child is presently alleged, but not yet
adjudicated to be a child in need of care solely pursuant to K.S.A. 38-
2202(d)(9) or (d)(10), and amendments thereto, the child may be placed
in a secure facility, but the total amount of time that the child may be
held in such facility under this section and K.S.A. 38-2242, and
amendments thereto, shall not exceed 24 hours, excluding Saturdays,
Sundays, legal holidays, and days on which the office of the clerk of
the court is not accessible. The order of temporary custody shall remain
in effect until modified or rescinded by the court or an adjudication
order is entered but not exceeding 60 days, unless good cause is shown
and stated on the record.
(h) If the court issues an order of temporary custody, the court
may also enter an order restraining any alleged perpetrator of physical,
sexual, mental or emotional abuse of the child from residing in the
child's home; visiting, contacting, harassing or intimidating the child;
or attempting to visit, contact, harass or intimidate the child, other
family members or witnesses. Such restraining order shall be served by
personal service pursuant to K.S.A. 38-2237(a), and amendments
thereto, on any alleged perpetrator to whom the order is directed.
(i) (1) The court shall not enter the initial order removing a child
from the custody of a parent pursuant to this section unless the court
first finds probable cause that:
(A) (i) The child is likely to sustain harm if not immediately
removed from the home;
(ii) allowing the child to remain in home is contrary to the welfare
of the child; or
(iii) immediate placement of the child is in the best interest of the
child; and
(B) reasonable efforts have been made to maintain the family unit
and prevent the unnecessary removal of the child from the child's home
or that an emergency exists which threatens the safety to the child.
(2) Such findings shall be included in any order entered by the
court. If the child is placed in the custody of the secretary, upon making
the order the court shall provide the secretary with a written copy.
(j) If the court enters an order of temporary custody that provides
for placement of the child with a person other than the parent, the court
shall make a child support determination pursuant to K.S.A. 38-2277,
and amendments thereto.
(k) For the purposes of this section, "harassing or intimidating"
and "harass or intimidate" includes, but is not limited to, utilizing any
electronic tracking system or acquiring tracking information to
determine the targeted person's location, movement or travel patterns.
Sec. 4. K.S.A. 2025 Supp. 38-2330 is hereby amended to read as
follows: 38-2330. (a) A law enforcement officer may take a juvenile
into custody when:
(1) Any offense has been or is being committed in the officer's
view;
(2) the officer has a warrant commanding that the juvenile be
taken into custody;
(3) the officer has probable cause to believe that a warrant or order
commanding that the juvenile be taken into custody has been issued in
this state or in another jurisdiction for an act committed therein;
(4) the officer has probable cause to believe that the juvenile is
HOUSE BILL No. 2329—page 7
committing or has committed an act which, if committed by an adult,
would constitute:
(A) A felony; or
(B) a misdemeanor and: (i) The juvenile will not be apprehended
or evidence of the offense will be irretrievably lost unless the juvenile
is immediately taken into custody; or (ii) the juvenile may cause injury
to self or others or damage to property or may be injured unless
immediately taken into custody;
(5) the officer has probable cause to believe that the juvenile has
violated an order for electronic monitoring as a term of probation; or
(6) the officer receives a written statement pursuant to subsection
(c).
(b) A court services officer, juvenile community corrections
officer or other person authorized to supervise juveniles subject to this
code, may take a juvenile into custody when: (1) There is a warrant
commanding that the juvenile be taken into custody; or (2) the officer
has probable cause to believe that a warrant or order commanding that
the juvenile be taken into custody has been issued in this state or in
another jurisdiction for an act committed therein.
(c) Any court services officer, juvenile community corrections
officer or other person authorized to supervise juveniles subject to this
code, may request a warrant by giving the court a written statement
setting forth that the juvenile, in the judgment of the court services
officer, juvenile community corrections officer or other person
authorized to supervise juveniles subject to this code:
(1) (A) Has violated the condition of the juvenile's conditional
release from detention or probation, for the third or subsequent time;
and
(B) poses a significant risk of physical harm to another or damage
to property; or
(2) has absconded from supervision.
(d) (1) A juvenile taken into custody by a law enforcement officer
or other person authorized pursuant to subsection (b) shall be brought
without unnecessary delay to the custody of the juvenile's parent or
other custodian, unless there are reasonable grounds to believe that
such action would not be in the best interests of the child or would pose
a risk to public safety or property.
(2) If the juvenile cannot be delivered to the juvenile's parent or
custodian, the officer may:
(A) Issue a notice to appear pursuant to subsection (g);
(B) contact or deliver the juvenile to an intake and assessment
worker for completion of the intake and assessment process pursuant to
K.S.A. 75-7023, and amendments thereto; or
(C) if the juvenile is determined to not be detention eligible based
on a standardized detention risk assessment tool and is experiencing a
behavioral health crisis, deliver a the juvenile to a juvenile crisis
intervention stabilization center, as described in K.S.A. 65-536, and
amendments thereto, after written authorization by a community mental
health center.
(3) It shall be the duty of the officer to furnish the county or
district attorney and the juvenile intake and assessment worker if the
officer has delivered the juvenile to the worker or issued a notice to
appear consistent with subsection (g), with all of the information in the
officer's possession pertaining to the juvenile, the juvenile's parent or
other persons interested in or likely to be interested in the juvenile and
all other facts and circumstances which caused the juvenile to be
arrested or taken into custody.
(e) In the absence of a court order to the contrary, the court or
officials designated by the court, the county or district attorney or the
HOUSE BILL No. 2329—page 8
law enforcement agency taking a juvenile into custody shall direct the
release prior to the time specified by K.S.A. 38-2343(a), and
amendments thereto. In addition, pursuant to K.S.A. 38-2346 and 75-
7023 and K.S.A. 38-2346, and amendments thereto, a juvenile intake
and assessment worker shall direct the release of a juvenile prior to a
detention hearing after the completion of the intake and assessment
process.
(f) Whenever a person 18 years of age or more is taken into
custody by a law enforcement officer for an alleged offense which was
committed prior to the time the person reached the age of 18, the
officer shall notify and refer the matter to the court for proceedings
pursuant to this code, except that the provisions of this code relating to
detention hearings shall not apply to that person. If such person is
eligible for detention, and all suitable alternatives to detention have
been exhausted, the person shall be detained in jail. Unless the law
enforcement officer took the person into custody pursuant to a warrant
issued by the court and the warrant specifies the amount of bond or
indicates that the person may be released on personal recognizance, the
person shall be taken before the court of the county where the alleged
act took place or, at the request of the person, the person shall be taken,
without delay, before the nearest court. The court shall fix the terms and
conditions of an appearance bond upon which the person may be
released from custody. The provisions of article 28 of chapter 22 of the
Kansas Statutes Annotated, and amendments thereto, and K.S.A. 22-
2901, and amendments thereto, relating to appearance bonds and
review of conditions and release shall be applicable to appearance
bonds provided for in this section.
(g) (1) Whenever a law enforcement officer detains any juvenile
and such juvenile is not immediately taken to juvenile intake and
assessment services, the officer may serve upon such juvenile a written
notice to appear. Such notice to appear shall contain the name and
address of the juvenile detained, the crime charged and the location and
phone number of the juvenile intake and assessment services office
where the juvenile will need to appear with a parent or guardian.
(2) The juvenile intake and assessment services office specified in
such notice to appear must be contacted by the juvenile or a parent or
guardian no more than 48 hours after such notice is given, excluding
weekends and holidays.
(3) The juvenile detained, in order to secure release as provided in
this section, must give a written promise to call within the time
specified by signing the written notice prepared by the officer. The
original notice shall be retained by the officer and a copy shall be
delivered to the juvenile detained and that juvenile's parent or guardian
if such juvenile is under 18 years of age. The officer shall then release
the juvenile.
(4) The law enforcement officer shall cause to be filed, without
unnecessary delay, a complaint with juvenile intake and assessment
services in which a juvenile released pursuant to paragraph (3) is given
notice to appear, charging the crime stated in such notice. A copy shall
also be provided to the district or county attorney. If the juvenile
released fails to contact juvenile intake and assessment services as
required in the notice to appear, juvenile intake and assessment services
shall notify the district or county attorney.
(5) The notice to appear served pursuant to paragraph (1) and the
complaint filed pursuant to paragraph (4) may be provided to the
juvenile in a single citation.
Sec. 5. 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
HOUSE BILL No. 2329—page 9
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). 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
person, which is not a group home youth residential facility 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
(10) or (11). 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 ,
and between July 1, 2026, and July 1, 2030, order the secretary to
place the juvenile in a youth residential facility . 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) If the judge finds and enters into the written record that the
juvenile poses a significant risk of harm to another or damage to
HOUSE BILL No. 2329—page 10
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 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) 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 24 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 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
HOUSE BILL No. 2329—page 11
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 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
HOUSE BILL No. 2329—page 12
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 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
HOUSE BILL No. 2329—page 13
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 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 which, 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 any of the following
offenses, the court shall issue an order prohibiting the juvenile from
attending the attendance center that the victim of the offense attends :
(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); subparagraphs (A) through (F).
(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 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:
HOUSE BILL No. 2329—page 14
(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) subparagraphs (A)
through (E); 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) If the court orders a short-term alternative placement of a
juvenile pursuant to subsection (k), the secretary shall be responsible
for the costs associated with all aspects of such placement. The
secretary shall contract with emergency shelters and therapeutic foster
homes in order to facilitate the placement of juvenile offenders
pursuant to subsection (k).
(m) The sentencing hearing shall be open to the public as provided
in K.S.A. 38-2353, and amendments thereto.
(m)(n) 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 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. 6. K.S.A. 38-2365 is hereby amended to read as follows: 38-
2365. (a) When a juvenile offender has been placed in the custody of
the secretary, the secretary shall have a reasonable time to make a
placement. If the juvenile offender has not been placed, any party who
believes that the amount of time elapsed without placement has
exceeded a reasonable time may file a motion for review with the court.
In determining what is a reasonable amount of time, matters considered
by the court shall include, but not be limited to, the nature of the
underlying offense, efforts made for placement of the juvenile offender
HOUSE BILL No. 2329—page 15
and the availability of a suitable placement. The secretary shall notify
the court, the juvenile's attorney of record and the juvenile's parent, in
writing, of the initial placement and any subsequent change of
placement as soon as the placement has been accomplished. The notice
to the juvenile offender's parent shall be sent to such parent's last
known address or addresses. Except as provided in K.S.A. 38-2361(a)
(10), the court shall have no power to direct a specific placement by the
secretary, but may make recommendations to the secretary. Except as
provided in K.S.A. 38-2361(a)(10), the secretary may place the juvenile
offender in an institution operated by the secretary, a youth residential
facility or any other appropriate placement. If the court has
recommended an out-of-home placement, the secretary may not return
the juvenile offender to the home from which removed without first
notifying the court of the plan.
(b) If a juvenile is in the custody of the secretary, the secretary
shall prepare and present a permanency plan at sentencing or within 30
days thereafter. If the juvenile is 14 years of age or older and the
juvenile is able, the secretary shall prepare the permanency plan in
consultation with the juvenile. If a permanency plan is already in place
under a child in need of care proceeding, the court may adopt the plan
under the present proceeding. The written permanency plan shall
provide for reintegration of the juvenile into such juvenile's family or, if
reintegration is not a viable alternative, for other permanent placement
of the juvenile. Reintegration may not be a viable alternative when: (1)
The parent has been found by a court to have committed murder in the
first degree, K.S.A. 21-3401, prior to its repeal, or K.S.A. 21-5402, and
amendments thereto, murder in the second degree, K.S.A. 21-3402,
prior to its repeal, or K.S.A. 21-5403, and amendments thereto, capital
murder, K.S.A. 21-3439, prior to its repeal, or K.S.A. 21-5401, and
amendments thereto, voluntary manslaughter, K.S.A. 21-3403, prior to
its repeal, or K.S.A. 21-5404, and amendments thereto, of a child or
violated a law of another state which prohibits such murder or
manslaughter of a child;
(2) the parent aided or abetted, attempted, conspired or solicited to
commit such murder or voluntary manslaughter of a child;
(3) the parent committed a felony battery that resulted in bodily
injury to the juvenile who is the subject of this proceeding or another
child;
(4) the parent has subjected the juvenile who is the subject of this
proceeding or another child to aggravated circumstances as defined in
K.S.A. 38-1502 38-2202, and amendments thereto;
(5) the parental rights of the parent to another child have been
terminated involuntarily; or
(6) the juvenile has been in extended out-of-home placement as
defined in K.S.A. 38-2202, and amendments thereto.
(c) If the juvenile is placed in the custody of the secretary, the plan
shall be prepared and submitted by the secretary. If the juvenile is
placed in the custody of a facility or person other than the secretary, the
plan shall be prepared and submitted by a court services officer. If the
permanency goal is reintegration into the family, the permanency plan
shall include measurable objectives and time schedules for
reintegration.
(d) During the time a juvenile remains in the custody of the
secretary, the secretary shall submit to the court, at least every six
months, a written report of the progress being made toward the goals of
the permanency plan submitted pursuant to subsections (b) and (c) and
the specific actions taken to achieve the goals of the permanency plan.
If the juvenile is placed in foster care, the court may request the foster
parent to submit to the court, at least every six months, a report in
HOUSE BILL No. 2329—page 16
regard to the juvenile's adjustment, progress and condition. Such report
shall be made a part of the juvenile's court social file. The court shall
review the plan submitted by the secretary and the report, if any,
submitted by the foster parent and determine whether reasonable efforts
and progress have been made to achieve the goals of the permanency
plan. If the court determines that progress is inadequate or that the
permanency plan is no longer viable, the court shall hold a hearing
pursuant to subsection (e).
(e) When the secretary has custody of the juvenile, a permanency
hearing shall be held no more than 12 months after the juvenile is first
placed outside such juvenile's home and at least every 12 months
thereafter. Juvenile offenders who have been in extended out-of-home
placement shall be provided a permanency hearing within 30 days of a
request from the secretary. The court may appoint a guardian ad litem
to represent the juvenile offender at the permanency hearing. At the
permanency hearing, the court shall determine whether and, if
applicable, when the juvenile will be:
(1) Reintegrated with the juvenile's parents;
(2) placed for adoption;
(3) placed with a permanent custodian; or
(4) if the juvenile is 16 years of age or older and the secretary has
documented compelling reasons why it would not be in the juvenile's
best interests for a placement in one of the placements pursuant to
paragraphs (1), (2) or (3), placed in another planned permanent
arrangement.
(f) At each permanency hearing, the court shall:
(1) Make a written finding as to whether reasonable efforts have
been made to accomplish the permanency goal and whether continued
out-of-home placement is necessary for the juvenile's safety;
(2) make a written finding as to whether the reasonable and
prudent parenting standard has been met and whether the juvenile has
regular, ongoing opportunities to engage in age or developmentally
appropriate activities. The secretary shall report to the court the steps
the secretary is taking to ensure that the reasonable and prudent
parenting standard is being met and that the juvenile has regular,
ongoing opportunities to engage in age or developmentally appropriate
activities, including consultation with the juvenile in an age-appropriate
manner about the opportunities of the juvenile to participate in the
activities; and
(3) if the juvenile is 14 years of age or older, document the efforts
made by the secretary to help the juvenile prepare for the transition
from custody to a successful adulthood. The secretary shall report to
the court the programs and services that are being provided to the
juvenile which will help the juvenile prepare for the transition from
custody to a successful adulthood.
(g) The requirements of this subsection shall apply only if the
permanency goal in place at the time of the hearing is another planned
permanent arrangement as described in subsection (e)(4). At each
permanency hearing held with respect to the juvenile, in addition to the
requirements of subsection (f), the court shall:
(1) Ask the juvenile, if the juvenile is able, by attendance at the
hearing or by report to the court, about the desired permanency
outcome for the juvenile;
(2) document the intensive, ongoing and, as of the date of the
hearing, unsuccessful permanency efforts made by the secretary to
return the juvenile home or secure a placement for the juvenile with a
fit and willing relative, a legal guardian or an adoptive parent. The
secretary shall report to the court the intensive, ongoing and, as of the
date of the hearing, unsuccessful efforts made by the secretary to return
HOUSE BILL No. 2329—page 17
the juvenile home or secure a placement for the juvenile with a fit and
willing relative, a legal guardian or an adoptive parent, including
efforts that utilize search technology, including social media, to find
biological family members of the children; and
(3) make a judicial determination explaining why, as of the date of
the hearing, another planned permanent living arrangement is the best
permanency plan for the juvenile and provide compelling reasons why
it continues to not be in the best interests of the juvenile to return home,
be placed for adoption, be placed with a legal guardian or be placed
with a fit and willing relative.
(h) Whenever a hearing is required under subsection (e), the court
shall notify all interested parties of the hearing date, the secretary,
foster parent and preadoptive parent or relatives providing care for the
juvenile and hold a hearing. If the juvenile is 14 years of age or older,
the court shall require notice of the time and place of the permanency
hearing be given to the juvenile. Such notice shall request the juvenile's
participation in the hearing by attendance or by report to the court.
Individuals receiving notice pursuant to this subsection shall not be
made a party to the action solely on the basis of this notice and
opportunity to be heard. After providing the persons receiving notice an
opportunity to be heard, the court shall determine whether the juvenile's
needs are being adequately met; whether services set out in the
permanency plan necessary for the safe return of the juvenile have been
made available to the parent with whom reintegration is planned; and
whether reasonable efforts and progress have been made to achieve the
goals of the permanency plan.
(i) If the court finds reintegration continues to be a viable
alternative, the court shall determine whether and, if applicable, when
the juvenile will be returned to the parent. The court may rescind any of
its prior dispositional orders and enter any dispositional order
authorized by this code or may order that a new plan for the
reintegration be prepared and submitted to the court. If reintegration
cannot be accomplished as approved by the court, the court shall be
informed and shall schedule a hearing pursuant to subsection (j). No
such hearing is required when the parent voluntarily relinquishes
parental rights or agrees to appointment of a permanent guardian.
(j) When the court finds any of the following conditions exist, the
county or district attorney or the county or district attorney's designee
shall file a petition alleging the juvenile to be a child in need of care
and requesting termination of parental rights pursuant to the Kansas
code for care of children:
(1) The court determines that reintegration is not a viable
alternative and either adoption or permanent guardianship might be in
the best interests of the juvenile;
(2) the goal of the permanency plan is reintegration into the family
and the court determines after 12 months from the time such plan is
first submitted that progress is inadequate; or
(3) the juvenile has been in out-of-home placement for a
cumulative total of 15 of the last 22 months, excluding trial home visits
and juvenile in runaway status.
Nothing in this subsection shall be interpreted to prohibit
termination of parental rights prior to the expiration of 12 months.
(k) A petition to terminate parental rights is not required to be
filed if one of the following exceptions is documented to exist:
(1) The juvenile is in a stable placement with relatives;
(2) services set out in the case plan necessary for the safe return of
the juvenile have not been made available to the parent with whom
reintegration is planned; or
(3) there are one or more documented reasons why such filing
HOUSE BILL No. 2329—page 18
would not be in the best interests of the juvenile. Documented reasons
may include, but are not limited to: The juvenile has close emotional
bonds with a parent which should not be broken; the juvenile is 14
years of age or older and, after advice and counsel, refuses to be
adopted; insufficient grounds exist for termination of parental rights;
the juvenile is an unaccompanied refugee minor; or there are
international legal or compelling foreign policy reasons precluding
termination of parental rights.
Sec. 7. 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 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.
HOUSE BILL No. 2329—page 19
(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;
or
(iv) committed while such offender was on probation or
conditional release for a prior felony adjudication.
(B) Offenders in this category may only be committed to a
juvenile correctional facility if such offenders are assessed as
moderate-risk or high-risk offenders 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.
(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.
HOUSE BILL No. 2329—page 20
(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. The secretary shall ensure timely placement of such offender in
a youth residential facility and shall be responsible for the costs
associated with all aspects of such placement in accordance with
K.S.A. 38-2399, and amendments thereto. 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. 8. K.S.A. 2025 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:
(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
HOUSE BILL No. 2329—page 21
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 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. 9. K.S.A. 38-2399 is hereby amended to read as follows: 38-
2399. (a) Between July 1, 2026, and July 1, 2030, the secretary of
HOUSE BILL No. 2329—page 22
corrections may shall contract for use of not more less than 50 35 nor
more than 45 non-foster home beds in youth residential facilities , and
not more than 15 beds in any single facility, for placement of juvenile
offenders pursuant to K.S.A. 38-2361(a)(13) (a)(10), (a)(12) or (a)(13),
and amendments thereto. On and after July 1, 2030, the secretary of
corrections may contract for use of not more than 50 non-foster home
beds in youth residential facilities for placement of juvenile offenders
pursuant to K.S.A. 38-2361(a)(10), (a)(12) or (a)(13), and amendments
thereto.
(b) When contracting for services, the secretary shall:
(1) Contract with facilities that have high success rates and
decrease recidivism rates for juvenile offenders;
(2) consider contracting for bed space across the entire state to
lower the cost of transportation of juvenile offenders; and
(3) give priority to existing facilities that are able to meet the
requirements of the secretary for providing residential services to
juvenile offenders.
(c) This section shall take effect on and after January 1, 2018;
(4) determine regional allocation of non-foster home beds based
on the needs of the region utilizing available data on juvenile case
filings; and
(5) be responsible for the costs associated with all aspects of
placement of juvenile offenders described in subsection (a).
Sec. 10. K.S.A. 2025 Supp. 65-536 is hereby amended to read as
follows: 65-536. (a) A juvenile crisis intervention stabilization center is
a facility that provides short-term observation, assessment, treatment
and case planning, and referral for any juvenile who is experiencing a
behavioral health crisis and is likely to cause harm to self or others .
Such centers shall:
(1) Address or ensure access to the broad range of services to meet
the needs of a juvenile admitted to the center, including, but not limited
to, medical, psychiatric, psychological, social, educational and
substance abuse-related services;
(2) provide services to the juvenile and the juvenile's family,
including, but not limited to, parent skill building, family and
individual communication skill building and case management
supports as necessary to address the immediate needs of the juvenile
and juvenile's family;
(3) not include construction features designed to physically restrict
the movements and activities of juveniles, but shall have a design,
structure, interior and exterior environment, and furnishings to promote
a safe, comfortable and therapeutic environment for juveniles admitted
to the center;
(3)(4) implement written policies and procedures that include the
use of a combination of supervision, inspection and accountability to
promote safe and orderly operations; and
(4)(5) implement written policies and procedures for staff
monitoring of all center entrances and exits; and
(6) allow access to faith-based services.
(b) A juvenile crisis intervention stabilization center shall provide
treatment to juveniles admitted to such center, as appropriate while
admitted. As needed to support the safety and stability of the juvenile
and the juvenile's family, such centers may:
(1) Be available to serve juveniles on a 24 hours per day, seven
days per week basis;
(2) provide short-term stabilization services for continuous stays;
or
(3) provide respite periods throughout the day or night.
(c) A juvenile crisis intervention stabilization center may be on the
HOUSE BILL No. 2329—page 23
same premises as that of another licensed facility. If the juvenile crisis
intervention stabilization center is on the same premises as that of
another licensed facility, the living unit of the juvenile crisis
intervention stabilization center shall be maintained in a separate, self-
contained unit. No juvenile crisis intervention stabilization center shall
be in a city or county jail or a juvenile detention facility.
(d) (1) A juvenile may be admitted to a juvenile crisis intervention
stabilization center when:
(A) if the head of such center determines such juvenile is in need
of treatment and likely to cause harm to self or others;
(B) a qualified mental health professional from a community
mental health center has given written authorization for such juvenile to
be admitted to a juvenile crisis intervention center; and
(C) no other more appropriate treatment services are available and
accessible to the juvenile at the time of admission stabilization services
and would benefit from treatment provided by such center. Priority for
admission to a juvenile stabilization center shall be given to cross-over
youth.
(2) A juvenile may be admitted to a juvenile crisis intervention
stabilization center for not more than 30 days and may only be
admitted for not more than 90 days within a 12-month period . A parent
with legal custody or legal guardian of a juvenile placed in a juvenile
crisis intervention stabilization center may remove such juvenile from
the center at any time. If the removal may cause the juvenile to become
a child in need of care pursuant to K.S.A. 38-2202(d), and amendments
thereto, the head of a juvenile crisis intervention stabilization center
may report such concerns to the department for children and families or
law enforcement or may request the county or district attorney to
initiate proceedings pursuant to the revised Kansas code for care of
children. If the head of a juvenile crisis intervention stabilization center
determines the most appropriate action is to request the county or
district attorney to initiate proceedings pursuant to the revised Kansas
code for care of children, the head of such center shall make such
request and shall keep such juvenile in the center for an additional 24-
hour period to initiate the appropriate proceedings.
(3) When a juvenile is released from a juvenile crisis intervention
stabilization center, the managed care organization, if the juvenile is a
medicaid recipient, and the community mental health center serving the
area where the juvenile is being discharged shall be involved with
discharge planning. Within seven days prior to the discharge of a
juvenile, the head of the juvenile crisis intervention center shall give
written notice of the date and time of the discharge to the patient, the
managed care organization, if the juvenile is a medicaid recipient, and
the community mental health center serving the area where the juvenile
is being discharged, and the patient's parent, custodian or legal guardian
such center shall coordinate discharge planning and facilitate timely
referral and connection to appropriate community-based services for
ongoing care.
(e) (1) Upon admission to a juvenile crisis intervention
stabilization center, and if the juvenile is a medicaid recipient, the
managed care organization shall approve services as recommended by
the head of the juvenile crisis intervention stabilization center. Within
14 days after admission, the head of the juvenile crisis intervention
stabilization center shall develop a plan of treatment for the juvenile in
collaboration with the managed care organization.
(2) Nothing in this subsection shall prohibit the department of health
and environment from administering or reimbursing state medicaid
services to any juvenile admitted to a juvenile crisis intervention
stabilization center pursuant to a waiver granted under section 1915(c) of
HOUSE BILL No. 2329—page 24
the federal social security act, provided that such services are not
administered through a managed care delivery system.
(3) Nothing in this subsection shall prohibit the department of
health and environment from reimbursing any state medicaid services
that qualify for reimbursement and that are provided to a juvenile
admitted to a juvenile crisis intervention stabilization center.
(4) Nothing in this subsection shall impair or otherwise affect the
validity of any contract in existence on July 1, 2018, between a
managed care organization and the department of health and
environment to provide state medicaid services.
(5) On or before January 1, 2019, the secretary of health and
environment shall submit to the United States centers for medicare and
medicaid services any approval request necessary to implement this
subsection.
(f) The secretary for children and families, in consultation with the
attorney general, shall promulgate rules and regulations to implement
the provisions of this section on or before January 1, 2019 2027. Such
rules and regulations shall not contain any requirement:
(1) That a juvenile stabilization center have a licensed physician,
dietician, clinical director, psychiatrist, advanced practice registered
nurse or any other medical professional on staff;
(2) prohibiting juveniles who are admitted to such centers from
sharing rooms or being placed in rooms that are in the basement of
such facility;
(3) that a juvenile stabilization center notify or obtain approval
from a local school district prior to obtaining licensure;
(4) related to gender-based staffing; or
(5) establishing staffing ratios beyond the levels for youth
residential facilities as defined in K.S.A. 38-2202, and amendments
thereto.
(g) The secretary for children and families shall annually report
information on outcomes of juveniles admitted into juvenile crisis
intervention stabilization centers to the J. Russell (Russ) Jennings joint
committee on corrections and juvenile justice oversight , the corrections
and juvenile justice committee of the house of representatives and the
judiciary committee of the senate and the joint committee on child
welfare system oversight. Such report shall include:
(1) The number of admissions, releases and the lengths of stay for
juveniles admitted to juvenile crisis intervention stabilization centers;
(2) services provided to juveniles admitted;
(3) needs of juveniles admitted determined by evidence-based
assessment; and
(4) success and recidivism rates, including information on the
reduction of involvement of the child welfare system and juvenile
justice system with the juvenile.
(h) The secretary of corrections may enter into memorandums of
agreement with other cabinet agencies to provide funding, not to
exceed $2,000,000 annually, from the evidence-based programs
account of the state general fund or other available appropriations for
juvenile crisis intervention services.
(i) For the purposes of this section:
(1) "Behavioral health crisis" means behavioral and conduct issues
that impact the safety or health of a juvenile, members of the juvenile's
household or family or members of the community, including, but not
limited to, non-life threatening mental health and substance abuse
concerns;
(2) "cross-over youth" means a young person 10 years of age or
older who is at risk of being adjudicated or is already adjudicated as a
child in need of care due in whole or in part to:
HOUSE BILL No. 2329—page 25
(A) Conduct or involvement in the juvenile justice system;
(B) allegations that could result in involvement in the juvenile
justice system; or
(C) any level of concurrent involvement with the child welfare and
juvenile justice systems;
(3) "head of a juvenile crisis intervention stabilization center"
means the administrative director of a juvenile crisis intervention
stabilization center or such person's designee; and
(3)(4) "juvenile" means a person who is less than 18 years of age;
(4) "likely to cause harm to self or others" means that a juvenile,
by reason of the juvenile's behavioral health condition, mental disorder
or mental condition is likely, in the reasonably foreseeable future, to
cause substantial physical injury or physical abuse to self or others or
substantial damage to another's property, as evidenced by behavior
threatening, attempting or causing such injury, abuse or damage;
(5) "treatment" means any service intended to promote the mental
health of the patient and rendered by a qualified professional, licensed
or certified by the state to provide such service as an independent
practitioner or under the supervision of such practitioner; and
(6) "qualified mental health professional" means a physician or
psychologist who is employed by a participating mental health center
or who is providing services as a physician or psychologist under a
contract with a participating mental health center, a licensed masters
level psychologist, a licensed clinical psychotherapist, a licensed
marriage and family therapist, a licensed clinical marriage and family
therapist, a licensed professional counselor, a licensed clinical
professional counselor, a licensed specialist social worker or a licensed
master social worker or a registered nurse who has a specialty in
psychiatric nursing, who is employed by a participating mental health
center and who is acting under the direction of a physician or
psychologist who is employed by, or under contract with, a
participating mental health center.
(j)(i) This section shall be a part of and supplemental to article 5
of chapter 65 of the Kansas Statutes Annotated, and amendments
thereto.
Sec. 11. K.S.A. 75-52,161 is hereby amended to read as follows:
75-52,161. (a) There is hereby established the Kansas juvenile justice
oversight committee for the purpose of overseeing the implementation
of reform measures intended to improve the state's juvenile justice
system.
(b) The Kansas juvenile justice oversight committee shall be
composed of 21 members including the following individuals:
(1) The governor or the governor's designee;
(2) one member of the house of representatives appointed by the
speaker of the house of representatives;
(3) one member of the house of representatives appointed by the
minority leader of the house of representatives;
(4) one member of the senate appointed by the president of the
senate;
(5) one member of the senate appointed by the minority leader of
the senate;
(6) the secretary of corrections or the secretary's designee;
(7) the secretary for children and families or the secretary's
designee;
(8) the commissioner of education or the commissioner's designee;
(9) the deputy secretary of juvenile services at the department of
corrections or the deputy's designee;
(10) the director of community-based services at the department of
corrections, or the director's designee;
HOUSE BILL No. 2329—page 26
(11) two district court judges appointed by the chief justice of the
supreme court;
(12) one chief court services officer appointed by the chief justice
of the supreme court;
(13) one member of the office of judicial administration appointed
by the chief justice of the supreme court;
(14) one juvenile defense attorney appointed by the chief justice
of the supreme court;
(15) one juvenile crime victim advocate appointed by the
governor;
(16) one member from a local law enforcement agency appointed
by the attorney general;
(17) one attorney from a prosecuting attorney's office appointed
by the attorney general;
(18) one member from a community corrections agency appointed
by the governor;
(19) one youth member of the Kansas advisory group on juvenile
justice and delinquency prevention appointed by the chair of the
Kansas advisory group on juvenile justice and delinquency prevention;
and
(20) one director of a juvenile detention facility appointed by the
attorney general.
(c) The committee shall be appointed by September 1, 2016, and
shall meet within 60 days after appointment and at least quarterly
thereafter, upon notice by the chair. The committee shall select a
chairperson and vice-chairperson, and 11 members shall be considered
a quorum.
(d) The committee shall perform the following duties:
(1) Guide and evaluate the implementation of the changes in law
relating to juvenile justice reform;
(2) define performance measures and recidivism;
(3) approve a plan developed by court services and the department
of corrections instituting a uniform process for collecting and reviewing
performance measures and recidivism, costs and outcomes of
programs;
(4) consider utilizing the Kansas criminal justice information
system for data collection and analyses;
(5) ensure system integration and accountability;
(6) monitor the fidelity of implementation efforts to programs and
training efforts;
(7) monitor any state expenditures that have been avoided by
reductions in the number of youth placed in out-of-home placements to
recommend to the governor and the legislature reinvestment of funds
into:
(A) Evidence-based practices and programs in the community
pursuant to K.S.A. 38-2302, and amendments thereto, for use by intake
and assessment services, immediate intervention, probation and
conditional release;
(B) training on evidence-based practices for juvenile justice
system staff, including, but not limited to, training in cognitive
behavioral therapies, family-centered therapies, substance abuse, sex
offender therapy and other services that address a juvenile's risks and
needs; and
(C) monitor the plan from the department of corrections for the
prioritization of funds pursuant to K.S.A. 75-52,164(d), and
amendments thereto;
(8) continue to review any additional topics relating to the
continued improvement of the juvenile justice system, including:
(A) The confidentiality of juvenile records;
HOUSE BILL No. 2329—page 27
(B) the reduction of the financial burden placed on families
involved in the juvenile justice system;
(C) juvenile due process rights, including, but not limited to, the
development of rights to a speedy trial and preliminary hearings;
(D) the improvement of conditions of confinement for juveniles;
(E) the removal from the home of children in need of care for non-
abuse or neglect, truancy, running away or additional child behavior
problems when there is no court finding of parental abuse or neglect;
and
(F) the requirement for youth residential facilities to maintain
sight and sound separation between children in need of care that have
an open juvenile offender case and children in need of care that do not
have an open juvenile offender case;
(9) adhere to the goals of the juvenile justice code as provided in
K.S.A. 38-2301, and amendments thereto;
(10) analyze and investigate gaps in the juvenile justice system
and explore alternatives to out-of-home placement of juvenile offenders
in youth residential facilities;
(11) identify evidence-based training models, needs and resources
and make appropriate recommendations;
(12) study and create a plan to address the disparate treatment and
availability of resources for juveniles with mental health needs in the
juvenile justice system; and
(13) review portions of juvenile justice reform that require the
department of corrections and the office of judicial administration to
cooperate and make recommendations when there is not consensus
between the two agencies; and
(14) monitor the impact and effectiveness of placement of juvenile
offenders in non-foster home beds in youth residential facilities.
(e) The committee shall issue an annual report to the governor, the
president of the senate, the speaker of the house of representatives and
the chief justice of the supreme court on or before November 30 each
year starting in 2017. Such report shall include:
(1) An assessment of the progress made in implementation of
juvenile justice reform efforts;
(2) a summary of the committee's efforts in fulfilling its duties as
set forth in this section;
(3) an analysis of the recidivism data obtained by the committee
pursuant to this section;
(4) a summary of the averted costs determined pursuant to this
section and a recommendation for any reinvestment of the averted costs
to fund services or programs to expand Kansas' continuum of
alternatives for juveniles who would otherwise be placed in out-of-
home placements;
(5) an analysis of detention risk-assessment data to determine if
any disparate impacts resulted at any stage of the juvenile justice
system based on race, sex, national origin or economic status;
(6) recommendations for continued improvements to the juvenile
justice system;
(7) data pertaining to the completion of training on evidence-based
practices in juvenile justice, including, but not limited to, the number of
judges, district and county attorneys and appointed defense attorneys,
that participated in training; and
(8) data received from the office of judicial administration and the
department of corrections, pursuant to K.S.A. 38-2391, and
amendments thereto, pertaining to extensions of probation for juvenile
offenders and an analysis of such data to identify how probation
extensions are being used and conclusions regarding the effectiveness
of such extensions.
HOUSE BILL No. 2329—page 28
(f) In addition to the report required by subsection (e), on or
before February 1, 2030, the juvenile justice oversight committee shall
submit a report to the legislature evaluating the effectiveness and
outcomes of placement of juvenile offenders in youth residential
facilities. Such report shall include a recommendation of whether to
increase, modify or discontinue expenditures made for placement of
juvenile offenders in youth residential facilities.
(g) After initial appointment, members appointed to this
committee by the governor, the president of the senate, the speaker of
the house of representatives or the chief justice of the supreme court
pursuant to subsection (b), shall serve for a term of two years and shall
be eligible for reappointment to such position. All members appointed
to the committee shall serve until a successor has been duly appointed.
(g)(h) The staff of the Kansas department of corrections shall
provide such assistance as may be requested by the committee. To
facilitate the organization of the meetings of the committee, the Kansas
department of corrections shall provide administrative assistance.
Sec. 12. K.S.A. 2025 Supp. 75-52,164 is hereby amended to read
as follows: 75-52,164. (a) (1) There is hereby established in the state
treasury the evidence-based programs account of the state general fund,
which shall be administered by the department of corrections.
(2) Except as provided in paragraph (4), all expenditures from the
evidence-based programs account of the state general fund shall be for
the development and implementation of evidence-based community
programs and practices for:
(A) Juvenile offenders and their families;
(B) juveniles experiencing behavioral health crisis and their
families;
(C) children who have been administered a risk and needs
assessment and have been identified as needing services pursuant to
K.S.A. 2024 2025 Supp. 38-2292, and amendments thereto; and
(D) grants as provided in subsection (e).
(2)(3) Evidence-based community programs and practices may be
administered by community supervision offices, juvenile intake and
assessment, court services, community corrections, juvenile crisis
intervention stabilization centers, community mental health centers,
community health centers, the youth advocate program, jobs for
America's graduates Kansas transition services and any other
community-based service provider offering evidence-based community
programs.
(4) Subject to provisions of appropriation acts, the secretary of
corrections shall make expenditures from the evidence-based programs
account of the state general fund moneys, in an amount not to exceed
$4,500,000 in any fiscal year, to contract for non-foster home beds in
youth residential facilities for placement of juvenile offenders as
required in K.S.A. 38-2399, and amendments thereto. The provisions of
this paragraph shall expire on July 1, 2030.
(3)(5) All expenditures from the evidence-based programs account
of the state general fund shall be made in accordance with
appropriation acts upon warrants of the director of accounts and reports
issued pursuant to vouchers approved by the secretary of corrections or
the secretary's designee.
(b) At least annually, throughout the year, the secretary of
corrections shall determine and certify to the director of accounts and
reports the amount in each account of the state general fund of a state
agency that has been determined by the secretary to be actual or
projected cost savings as a result of cost avoidance resulting from
decreased reliance on incarceration in the juvenile correctional facility
and placement in youth residential centers. The baseline shall be
HOUSE BILL No. 2329—page 29
calculated on the cost of incarceration and placement in fiscal year
2015.
(c) Upon receipt of a certification pursuant to subsection (b), the
director of accounts and reports shall transfer the amount certified
pursuant to subsection (b) from each account of the state general fund
of a state agency that has been determined by the secretary of
corrections to be actual or projected cost savings to the evidence-based
programs account of the state general fund.
(d) Prioritization of evidence-based programs account of the state
general fund moneys will be given to regions that demonstrate a high
rate of out-of-home placement of juvenile offenders per capita that
have few existing community-based alternatives.
(e) (1) The secretary of corrections shall develop and implement a
grant program with the goal of implementing evidence-based
community programs described in subsection (a) (2)(D) and promising
practices throughout the state, subject to the availability of funding in
the evidence- based programs account of the state general fund after
other expenditures for evidence-based programs are made. The
secretary shall adopt grant requirements in accordance with this
section. Any provider of evidence- based community programs for
juveniles may apply for a grant. The grant program shall give priority
to any county that demonstrates a low availability of evidence-based
community programs for juveniles. The secretary shall evaluate the
programs that received a grant to ensure the program is being delivered
as such program was designed.
(2) Child welfare case management providers shall not be eligible
to receive grants under this subsection.
(f) Expenditures made from the evidence-based programs account
of the state general fund shall be made promptly and on a rolling basis
to develop and implement evidence-based community programs as
services are needed throughout the state and provide non-foster home
beds in youth residential facilities for placement of juvenile offenders
as required in subsection (a) . No expenditure shall be made from the
evidence-based programs account of the state general fund for non-
foster home beds in youth residential facilities for placement of juvenile
offenders after July 1, 2030.
(g) The evidence-based programs account of the state general fund
and any other moneys transferred pursuant to this section shall be used
for the purposes set forth in this section and for no other governmental
purposes. It is the intent of the legislature that the funds and the moneys
deposited in this fund shall remain intact and inviolate for the purposes
set forth in this section.
(h) On July 1, 2026, July 1, 2027, and July 1, 2028, or as soon
thereafter as moneys are available, the director of accounts and reports
shall transfer $4,000,000 from the evidence-based programs account of
the state general fund to a special revenue fund of the Kansas
department for children and families as designated by the secretary for
children and families for juvenile stabilization services.
Sec. 13. 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
HOUSE BILL No. 2329—page 30
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, 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
HOUSE BILL No. 2329—page 31
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;
(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) referral of the child to a juvenile stabilization center as
described in K.S.A. 65-536, and amendments thereto; or
(I) 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 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
HOUSE BILL No. 2329—page 32
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:
(i) Is alleged to have possessed or used a firearm during the
commission of an offense; or
(ii) has been presented to a juvenile intake and assessment system
pursuant to the revised Kansas juvenile justice code for an offense
which, if committed by an adult, would constitute the commission of a
misdemeanor or felony for the second time within three months.
(C) When the detention risk assessment tool is overriden pursuant
to subparagraph (B), the juvenile intake and assessment worker or the
court shall place such juvenile in a juvenile detention facility.
(D) Upon request of a parent, guardian, custodian or juvenile
intake and assessment worker, law enforcement may assist with the safe
transportation of a juvenile to an appropriate placement, including a
juvenile stabilization center, when such assistance is necessary to
ensure the safety of the juvenile or others. Such assistance shall not be
construed as an arrest, detention or criminal custody.
(4) (A) 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.
(B) If a juvenile does not meet the eligibility criteria for detention,
the juvenile intake and assessment worker shall provide the juvenile
and any person accompanying the juvenile information on juvenile
stabilization centers described in K.S.A. 65-536, and amendments
thereto, and the services that are available at such centers.
(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. 14. K.S.A. 38-2232, 38-2242, 38-2361, 38-2365, 38-2369,
38-2399, 75-52,161 and 75-7023 and K.S.A. 2025 Supp. 38-2243, 38-
2330, 38-2391, 65-536 and 75-52,164 are hereby repealed.
HOUSE BILL No. 2329—page 33
Sec. 15. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the
HOUSE, and was adopted by that body
HOUSE adopted
Conference Committee Report
Speaker of the House.
Chief Clerk of the House.
Passed the SENATE
as amended
SENATE adopted
Conference Committee Report
President of the Senate.
Secretary of the Senate.
APPROVED
Governor.