reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 38 - Minors › Article 23 - Revised Kansas Juvenile Justice Code › 38-2332 Prohibiting placement or detention of juvenile in jail; exceptions; review of records and determination of compliance by the department of corrections.

38-2332. Prohibiting placement or detention of juvenile in jail; exceptions; review of records and determination of compliance by the department of corrections.
(a) No juvenile shall be detained or placed in any jail pursuant to the revised Kansas juvenile justice code except as provided by subsections (b), (c) and (d) and subject to K.S.A. 38-2330 and 38-2331, and amendments thereto.
(b) Upon being taken into custody, a juvenile may be detained temporarily in a jail, in quarters with sight and sound separation from adult prisoners, for the purpose of identifying and processing the juvenile and transferring the juvenile to a juvenile detention facility. If a juvenile is detained in jail under this subsection, the juvenile shall be detained only for the minimum time necessary, not to exceed six hours, and in no case overnight.
(c) The provisions of this section shall not apply to detention of a juvenile:
(1) (A) Against whom a motion has been filed requesting prosecution as an adult pursuant to K.S.A. 38-2347(a)(2), and amendments thereto; and (B) who has received the benefit of a detention hearing pursuant to K.S.A. 38-2331, and amendments thereto;
(2) whose prosecution as an adult or classification as an extended jurisdiction juvenile has been authorized pursuant to K.S.A. 38-2347, and amendments thereto; or
(3) who has been convicted previously as an adult under the code of criminal procedure or the criminal laws of another state or foreign jurisdiction.
(d) The provisions of this section shall not apply to the detention of any person 18 years of age or more who is taken into custody and is being prosecuted in accordance with the provisions of the revised Kansas juvenile justice code.
(e) The department of corrections or the department's contractor shall have authority to review jail records to determine compliance with the provisions of this section.
History:
L. 2006, ch. 169, § 32; L. 2016, ch. 46, § 35; January 1, 2017.
2023 Kansas Statutes › Chapter 38 - Minors › Article 23 - Revised Kansas Juvenile Justice Code › 38-2333 Juvenile less than 14, admission or confession from interrogation.

38-2333.
Juvenile less than 14, admission or confession from interrogation.
(a) When the juvenile is less than 14 years of age, no admission or confession resulting from interrogation while in custody or under arrest may be admitted into evidence unless the confession or admission was made following a consultation between the juvenile's parent or attorney as to whether the juvenile will waive the right to an attorney and the right against self-incrimination. It shall be the duty of the facility where the juvenile has been delivered to make a reasonable effort to contact the parent immediately upon the juvenile's arrival unless the parent is the alleged victim or alleged codefendant of the crime under investigation.
(b) When a parent is the alleged victim or alleged codefendant of the crime under investigation and the juvenile is less than 14 years of age, no admission or confession may be admitted into evidence unless the confession or admission resulting from interrogation while in custody or under arrest was made following a consultation between the juvenile and an attorney, or a parent who is not involved in the investigation of the crime, as to whether the juvenile will waive the right to an attorney and the right against self-incrimination. It shall be the duty of the facility where the juvenile has been delivered to make reasonable effort to contact a parent who is not involved in the investigation of the crime immediately upon such juvenile's arrival.
(c) After an attorney has been appointed for the juvenile in the case, the parent may not waive the juvenile's rights.
History:
L. 2006, ch. 169, § 33; January 1, 2007.
2023 Kansas Statutes › Chapter 38 - Minors › Article 23 - Revised Kansas Juvenile Justice Code › 38-2336 Proceedings upon filing of complaint.

38-2336.
Proceedings upon filing of complaint.
Upon the filing of a complaint under this code, the court shall proceed by one of the following methods:
(a) At any time the juvenile is not being detained, the court may issue summons with copies of the complaint attached stating the place of the hearing and time at which the juvenile is required to appear and answer the offenses charged in the complaint. The hearing shall be within 30 days of the date the complaint is filed. The summons and the complaint shall be delivered to a law enforcement agency or a person specially appointed to serve them.
(b) If the juvenile is being detained for a detention hearing as provided in K.S.A. 38-2343, and amendments thereto, at the detention hearing a copy of the complaint shall be served on the juvenile and each parent or other person with whom the juvenile has been residing who is in attendance at the hearing and a record of the service made a part of the proceedings. The court shall announce the time that the juvenile is ordered to appear again before the court for further proceedings. If no parent appears at the hearing, the court shall summon the parent or parents as provided in subsection (a).
(c) If the court is without sufficient information to accomplish service of summons, the court may issue a warrant pursuant to K.S.A. 38-2342, and amendments thereto.
History:
L. 2006, ch. 169, § 36; January 1, 2007.
2023 Kansas Statutes › Chapter 38 - Minors › Article 23 - Revised Kansas Juvenile Justice Code › 38-2337 Summons; persons upon whom served; form.

38-2337.
Summons; persons upon whom served; form.
(a) Persons upon whom served. The summons and a copy of the complaint shall be served on the juvenile; if the juvenile's whereabouts are known, any person having legal custody of the juvenile; the person with whom the juvenile is residing; and any other person designated by the county or district attorney.
(b) Form. The summons shall be issued by the clerk, dated the day it is issued, contain the name of the court, the caption of the case and be in a form that complies with the code.
History:
L. 2006, ch. 169, § 37; January 1, 2007.
2023 Kansas Statutes › Chapter 38 - Minors › Article 23 - Revised Kansas Juvenile Justice Code › 38-2338 Service of process.

38-2338.
Service of process.
(a) Summons, notice of hearing or other process may be served pursuant to K.S.A. 60-303, and amendments thereto, or as provided in subsection (b).
(b) Service may be made by first-class mail, addressed to the individual to be served at the usual place of residence of the person with postage prepaid, and is completed upon the person appearing before the court in response thereto. If the person fails to appear when served by first-class mail, the summons, notice or other process shall be pursuant to K.S.A. 60-303, and amendments thereto.
History:
L. 2006, ch. 169, § 38; January 1, 2007.
2023 Kansas Statutes › Chapter 38 - Minors › Article 23 - Revised Kansas Juvenile Justice Code › 38-2339 Proof of service.

38-2339.
Proof of service.
Proof of service shall be made as follows:
(a) Personal or residential service. (1) Every officer to whom summons or other process shall be delivered for service within the state shall make written report of the place, manner and date of service of the process.
(2) If the process, by order of the court, is delivered to a person other than an officer for service, the person shall report the place, manner and time of service by affidavit.
(b) Service by mail. The clerk or a deputy clerk shall make service by mail and shall make a written report of the service.
(c) Amendment of report. The judge may allow an amendment of a report of service at any time and upon the terms as are deemed just to correctly reflect the true manner of service.
History:
L. 2006, ch. 169, § 39; January 1, 2007.
2023 Kansas Statutes › Chapter 38 - Minors › Article 23 - Revised Kansas Juvenile Justice Code › 38-2340 Service of other pleadings.

38-2340.
Service of other pleadings.
(a) Proceedings upon filing. Upon the filing of a subsequent pleading requesting or indicating the necessity for a hearing, the court shall fix the time and place for the hearing.
(b) Form of notice. The notice of hearing shall be given by the clerk, dated the day it is issued, contain the name of the court and the caption in the case.
(c) Method and report of service. Notice of hearing and motions or other pleadings subsequent to the complaint shall be served and report of service shall be made in the same manner as service of the complaint and summons.
History:
L. 2006, ch. 169, § 40; January 1, 2007.
2023 Kansas Statutes › Chapter 38 - Minors › Article 23 - Revised Kansas Juvenile Justice Code › 38-2341 Subpoenas and witness fees.

38-2341.
Subpoenas and witness fees.
(a) A party shall be entitled to the use of subpoenas and other compulsory process to obtain the attendance of witnesses. Except as otherwise provided by this code, the subpoenas and other compulsory process shall be issued and served and the disobedience thereof shall be punished in the same manner as in other civil cases.
(b) The court shall have the power to compel the attendance of witnesses from any county in the state and from out of state for proceedings under this code.
(c) Only witnesses who have been subpoenaed shall be allowed witness fees and mileage. No witness shall be entitled to be paid the fee or mileage before the witness' actual appearance at court.
History:
L. 2006, ch. 169, § 41; January 1, 2007.
2023 Kansas Statutes › Chapter 38 - Minors › Article 23 - Revised Kansas Juvenile Justice Code › 38-2342 Issuance of warrants.

38-2342. Issuance of warrants.
The court may issue a warrant commanding the juvenile be taken into custody if there is probable cause to believe: (a) That an offense was committed and it was committed by the juvenile; (b) the juvenile violated probation, conditional release, or conditions of release from detention for a third or subsequent time and the juvenile poses a significant risk of physical harm to another or damage to property; (c) the juvenile has escaped from a facility; or (d) the juvenile has absconded from supervision. The warrant shall designate where or to whom the juvenile is to be taken pursuant to K.S.A. 38-2330(d)(1), and amendments thereto, if the court is not open for the regular conduct of business. The warrant shall describe the offense or violation charged in the complaint or the applicable circumstances of the juvenile's absconding or escaping.
History:
L. 2006, ch. 169, § 42; L. 2016, ch. 46, § 36; L. 2017, ch. 90, § 4; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 23 - Revised Kansas Juvenile Justice Code › 38-2344 First appearance; plea.

38-2344. First appearance; plea.
(a) When the juvenile appears without an attorney in response to a complaint, the court shall inform the juvenile of the following:
(1) The nature of the charges in the complaint;
(2) the right to hire an attorney of the juvenile's own choice;
(3) the duty of the court to appoint an attorney for the juvenile if no attorney is hired by the juvenile or parent;
(4) that the court may require the juvenile or parent to pay the expense of a court appointed attorney; and
(5) the right to be offered an immediate intervention pursuant to K.S.A. 38-2346, and amendments thereto.
Upon request the court shall give the juvenile or parent an opportunity to hire an attorney. If no request is made or the juvenile or parent is financially unable to hire an attorney, the court shall promptly appoint an attorney for the juvenile. The court shall afford the juvenile an opportunity to confer with the attorney before requiring the juvenile to plead to the allegations of the complaint.
(b) When the juvenile appears with an attorney in response to a complaint, the court shall require the juvenile to plead guilty, nolo contendere or not guilty to the allegations stated in the complaint, unless there is an application for and approval of an immediate intervention program. Prior to making this requirement, the court shall inform the juvenile of the following:
(1) The nature of the charges in the complaint;
(2) the right of the juvenile to be presumed innocent of each charge;
(3) the right to jury trial without unnecessary delay;
(4) the right to confront and cross-examine witnesses appearing in support of the allegations of the complaint;
(5) the right to subpoena witnesses;
(6) the right of the juvenile to testify or to decline to testify; and
(7) the sentencing alternatives the court may select as the result of the juvenile being adjudicated a juvenile offender.
(c) If the juvenile pleads guilty to the allegations contained in a complaint or pleads nolo contendere, the court shall determine, before accepting the plea and entering a sentence: (1) That there has been a voluntary waiver of the rights enumerated in subsections (b)(2), (3), (4), (5) and (6); and (2) that there is a factual basis for the plea.
(d) If the juvenile pleads not guilty, the court shall schedule a time and date for trial to the court.
(e) First appearance may be conducted by two-way electronic audio-video communication between the juvenile and the judge in lieu of personal presence of the juvenile or the juvenile's attorney in the courtroom from any location within Kansas in the discretion of the court. The juvenile may be accompanied by the juvenile's attorney during such proceedings or the juvenile's attorney may be personally present in court as long as a means of confidential communication between the juvenile and the juvenile's attorney is available.
History:
L. 2006, ch. 169, § 44; L. 2011, ch. 60, § 4; L. 2016, ch. 46, § 38; January 1, 2017.
2023 Kansas Statutes › Chapter 38 - Minors › Article 23 - Revised Kansas Juvenile Justice Code › 38-2345 Nolo contendere.

38-2345.
Nolo contendere.
A plea of nolo contendere is a formal declaration that the juvenile does not contest the charge. When a plea of nolo contendere is accepted the court shall adjudicate the juvenile to be a juvenile offender. The plea cannot be used against the juvenile as an admission in any other action based on the same act.
History:
L. 2006, ch. 169, § 45; January 1, 2007.
2023 Kansas Statutes › Chapter 38 - Minors › Article 23 - Revised Kansas Juvenile Justice Code › 38-2349 Same; commitment of incompetent.

38-2349.
Same; commitment of incompetent.
(a) A juvenile who is found to be incompetent pursuant to K.S.A. 38-2348, and amendments thereto, shall be committed for evaluation and treatment to any appropriate public or private institution for a period not to exceed 90 days. Within 90 days of the juvenile's commitment to the institution, the chief medical officer of the institution shall certify to the court whether the juvenile has a substantial probability of attaining competency for hearing in the foreseeable future.
(b) If the chief medical officer of the institution certifies that a probability of attaining competency does exist, the court shall order the juvenile to remain in an appropriate public or private institution until the juvenile attains competency or for a period of six months from the date of the original commitment, whichever occurs first. If the juvenile does not attain competency within six months from the date of the original commitment, the court shall order the county or district attorney to commence proceedings pursuant to article 29 of chapter 59 of the Kansas Statutes Annotated, and amendments thereto. If the juvenile appears to have attained competency, the institution shall promptly notify the court in which the case is pending. Upon notice the court shall hold a hearing to determine competency pursuant to subsection (e) of K.S.A. 38-2348, and amendments thereto.
(c) If the chief medical officer of the institution certifies that a probability of attaining competency does not exist, the court shall order the county or district attorney to commence proceedings pursuant to article 29 of chapter 59 of the Kansas Statutes Annotated, and amendments thereto.
History:
L. 2006, ch. 169, § 49; January 1, 2007.
2023 Kansas Statutes › Chapter 38 - Minors › Article 23 - Revised Kansas Juvenile Justice Code › 38-2350 Same; juvenile not mentally ill person.

38-2350. Same; juvenile not mentally ill person.
(a) If, after proceedings as required by K.S.A. 38-2349, and amendments thereto, it is determined that a juvenile who has been found incompetent is not a mentally ill person subject to involuntary commitment for care and treatment as defined in subsection (f) of K.S.A. 59-2946, and amendments thereto, the juvenile shall remain in the institution where committed pursuant to K.S.A. 38-2348, and amendments thereto. The secretary for children and families shall promptly notify the court in which the proceedings are pending and the commissioner of the result of the proceedings. The court shall then proceed pursuant to subsection (c).
(b) If a juvenile has been found to be a mentally ill person and committed to a state psychiatric hospital for evaluation and treatment pursuant to K.S.A. 38-2349, and amendments thereto, but thereafter is to be discharged because such juvenile is not a mentally ill person subject to involuntary commitment for care and treatment as defined in subsection (f) of K.S.A. 59-2946, and amendments thereto, the treatment facility shall promptly notify the court in which the proceedings are pending that the juvenile is to be discharged. The court shall then proceed pursuant to subsection (c).
(c) Unless the court finds pursuant to subsection (c) of K.S.A. 38-2348, and amendments thereto, that the proceedings shall be resumed, within seven days after receiving notice pursuant to subsection (a) or (b), the court shall order the juvenile to be discharged from commitment and shall dismiss the charges without prejudice. The period of limitation for the prosecution for the crime charged shall not continue to run until the juvenile has been determined to have attained competency pursuant to subsection (e) of K.S.A. 38-2348, and amendments thereto.
History:
L. 2006, ch. 169, § 50; L. 2010, ch. 135, § 52; L. 2014, ch. 115, § 72; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 23 - Revised Kansas Juvenile Justice Code › 38-2351 Duty of parents and others to appear at all proceedings involving alleged juvenile offender; failure, contempt.

38-2351.
Duty of parents and others to appear at all proceedings involving alleged juvenile offender; failure, contempt.
(a) Any parent or person with whom a juvenile resides who is served with a summons as provided in K.S.A. 38-2337, and amendments thereto, shall appear with the juvenile at all proceedings concerning the juvenile, unless excused by the court having jurisdiction of the matter.
(b) Any person required by this code to be present at all juvenile proceedings who fails to comply, without good cause, with the provisions of subsection (a) may be proceeded against for indirect contempt of court pursuant to the provisions of K.S.A. 20-1204a et seq., and amendments thereto.
(c) As used in this section, "good cause" for failing to appear includes, but is not limited to, a situation where a parent:
(1) Does not have physical custody of the juvenile and resides outside of Kansas;
(2) has physical custody of the juvenile, but resides outside of Kansas and appearing in court will result in undue hardship to such parent; or
(3) resides in Kansas, but is outside of the state at the time of the juvenile proceeding for reasons other than avoiding appearance before the court and appearing in court will result in undue hardship to such parent.
(d) If the parent of any juvenile cannot be found or fails to appear, the court may proceed with the case without the presence of such parent.
History:
L. 2006, ch. 169, § 51; January 1, 2007.
2023 Kansas Statutes › Chapter 38 - Minors › Article 23 - Revised Kansas Juvenile Justice Code › 38-2352 Time of hearing.

38-2352.
Time of hearing.
All cases filed under the code shall be heard without unnecessary delay. Continuances may be granted to either party for good cause shown.
History:
L. 2006, ch. 169, § 52; January 1, 2007.
2023 Kansas Statutes › Chapter 38 - Minors › Article 23 - Revised Kansas Juvenile Justice Code › 38-2353 Hearings; open to the public; restrictions.

38-2353.
Hearings; open to the public; restrictions.
(a) All hearings shall be open to the public, unless the judge determines that opening the hearing to the public is not in the best interests of the victim or of any juvenile who at the time of the alleged offense was less than 16 years of age.
(b) If the court determines that opening the court proceedings to the public is not in the best interest of the juvenile, the court may exclude all persons except the juvenile, the juvenile's parents, attorneys for parties, officers of the court, the witness testifying and the victim, as defined in subsection (b) of K.S.A. 74-7333, and amendments thereto, or such members of the victim's family, as defined in subsection (c)(2) of K.S.A. 74-7335, and amendments thereto, as the court deems appropriate. Upon agreement of all parties, the court shall allow other persons to attend the hearing unless the court finds the presence of the persons would be disruptive to the proceedings.
(c) As used in this section, "hearings" shall include detention, first appearance, adjudicatory, sentencing and all other hearings held under this code. Nothing in this section shall limit the judge's authority to sequester witnesses.
History:
L. 2006, ch. 169, § 53; January 1, 2007.
2023 Kansas Statutes › Chapter 38 - Minors › Article 23 - Revised Kansas Juvenile Justice Code › 38-2354 Rules of evidence.

38-2354. Rules of evidence.
Except as provided in K.S.A. 38-2343 and 38-2360, and amendments thereto, the rules of evidence of the code of civil procedure shall apply in all hearings pursuant to this code. The presiding judge shall not consider, read or rely upon any report not properly admitted according to the rules of evidence.
History:
L. 2006, ch. 169, § 54; L. 2012, ch. 69, § 3; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 23 - Revised Kansas Juvenile Justice Code › 38-2355 Degree of proof.

38-2355. Degree of proof.
In all proceedings on complaints pursuant to the code the state must prove beyond a reasonable doubt that the juvenile committed the act or acts charged in the complaint or a lesser included offense as defined in subsection (b) of section K.S.A. 21-5109, and amendments thereto.
History:
L. 2006, ch. 169, § 55; L. 2011, ch. 30, § 166; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 23 - Revised Kansas Juvenile Justice Code › 38-2356 Adjudication.

38-2356. Adjudication.
(a) If the court finds that the evidence fails to prove an offense charged or a lesser included offense as defined in subsection (b) of K.S.A. 21-5109, and amendments thereto, the court shall enter an order dismissing the charge.
(b) If the court finds that the juvenile committed the offense charged or a lesser included offense as defined in subsection (b) of K.S.A. 21-5109, and amendments thereto, the court shall adjudicate the juvenile to be a juvenile offender and may issue a sentence as authorized by this code.
(c) If the court finds that the juvenile committed the acts constituting the offense charged or a lesser included offense as defined in subsection (b) of K.S.A. 21-5109, and amendments thereto, but is not responsible because of mental disease or defect, the juvenile shall not be adjudicated as a juvenile offender and shall be committed to the custody of the secretary for aging and disability services and placed in a state hospital. The juvenile's continued commitment shall be subject to annual review in the manner provided by K.S.A. 22-3428a, and amendments thereto, for review of commitment of a defendant suffering from mental disease or defect, and the juvenile may be discharged or conditionally released pursuant to that section. The juvenile also may be discharged or conditionally released in the same manner and subject to the same procedures as provided by K.S.A. 22-3428, and amendments thereto, for discharge of or granting conditional release to a defendant found suffering from mental disease or defect. If the juvenile violates any conditions of an order of conditional release, the juvenile shall be subject to contempt proceedings and returned to custody as provided by K.S.A. 22-3428b, and amendments thereto.
(d) A copy of the court's order shall be sent to the school district in which the juvenile offender is enrolled or will be enrolled.
History:
L. 2006, ch. 169, § 56; L. 2011, ch. 30, § 167; L. 2014, ch. 115, § 73; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 23 - Revised Kansas Juvenile Justice Code › 38-2358 Recorded statement of child victim admissible in certain cases; limitations.

38-2358.
Recorded statement of child victim admissible in certain cases; limitations.
(a) In any proceeding pursuant to the code in which a child less than 13 years of age is alleged to be a victim of the offense, a recording of an oral statement of the child, made before the proceeding began, is admissible in evidence if:
(1) The court determines that the time, content and circumstances of the statement provide sufficient indicia of reliability;
(2) no attorney for any party is present when the statement is made;
(3) the recording is both visual and aural and is recorded on film or videotape or by other electronic means;
(4) the recording equipment is capable of making an accurate recording, the operator of the equipment is competent and the recording is accurate and has not been altered;
(5) the statement is not made in response to questioning calculated to lead the child to make a particular statement or is clearly shown to be the child's statement and not made solely as a result of a leading or suggestive question;
(6) every voice on the recording is identified;
(7) the person conducting the interview of the child in the recording is present at the proceeding and is available to testify or be cross-examined by any party;
(8) each party to the proceeding is afforded an opportunity to view the recording before it is offered into evidence, and a copy of a written transcript is provided to the parties; and
(9) the child is available to testify.
(b) If a recording is admitted in evidence under this section, any party to the proceeding may call the child to testify and be cross-examined, either in the courtroom or as provided by K.S.A. 38-2359, and amendments thereto.
History:
L. 2006, ch. 169, § 58; January 1, 2007.
2023 Kansas Statutes › Chapter 38 - Minors › Article 23 - Revised Kansas Juvenile Justice Code › 38-2363 Duty of parents and others to aid in enforcement of court orders; failure, contempt.

38-2363.
Duty of parents and others to aid in enforcement of court orders; failure, contempt.
A parent, or adult with whom a juvenile resides, may be ordered by the court to report any probation violations or conditional release contract violations, aid in enforcing terms and conditions of probation or conditional release or other orders of the court or any of the above. Any person placed under an order to report any probation violations or conditional release contract violations, aid in enforcing terms and conditions of probation or conditional release or other orders of the court or any of the above who fails to do so may be proceeded against for indirect contempt of court as provided in K.S.A. 20-1204a et seq., and amendments thereto.
History:
L. 2006, ch. 169, § 63; January 1, 2007.
2023 Kansas Statutes › Chapter 38 - Minors › Article 23 - Revised Kansas Juvenile Justice Code › 38-2364 Extended jurisdiction juvenile prosecution; violating conditions of stayed juvenile sentence; hearing.

38-2364. Extended jurisdiction juvenile prosecution; violating conditions of stayed juvenile sentence; hearing.
(a) If an extended jurisdiction juvenile prosecution results in a guilty plea or finding of guilt, the court shall:
(1) Impose one or more juvenile sentences under K.S.A. 38-2361, and amendments thereto; and
(2) impose an adult criminal sentence, the execution of which shall be stayed on the condition that the juvenile offender substantially comply with the provisions of the juvenile sentence and not commit a new offense.
(b) When it appears that a person sentenced as an extended jurisdiction juvenile has violated one or more conditions of the juvenile sentence or is alleged to have committed a new offense, the court, shall notify the juvenile offender and such juvenile offender's attorney of record, in writing by personal service, as provided in K.S.A. 60-303, and amendments thereto, or certified mail, return receipt requested, of the reasons alleged to exist for revocation of the stay of execution of the adult sentence. The court shall hold a hearing on the issue at which the juvenile offender is entitled to be heard and represented by counsel. After the hearing, if the court finds by a preponderance of the evidence that the juvenile committed a new offense or violated one or more conditions of the juvenile's sentence, the court shall revoke the juvenile sentence and order the imposition of the adult sentence previously ordered pursuant to subsection (a)(2) or, upon agreement of the county or district attorney and the juvenile offender's attorney of record, the court may modify the adult sentence previously ordered pursuant to subsection (a)(2). Upon such finding, the juvenile's extended jurisdiction status is terminated, and juvenile court jurisdiction is terminated. The ongoing jurisdiction for any adult sanction, other than the commitment to the department of corrections, is with the adult court. The juvenile offender shall be credited for time served in a juvenile correctional or detention facility on the juvenile sentence as service on any authorized adult sanction.
(c) Upon becoming 18 years of age, any juvenile who has been sentenced pursuant to subsection (a) and is serving the juvenile sentence, may move for a court hearing to review the sentence. If the sentence is continued, the court shall set a date of further review in no later than 36 months.
History:
L. 2006, ch. 169, § 64; L. 2010, ch. 163, § 1; L. 2011, ch. 30, § 169; L. 2016, ch. 46, § 43; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 23 - Revised Kansas Juvenile Justice Code › 38-2366 Juvenile offenders in custody of department of corrections; placement; notification to court; detainment; prohibition on admittance to juvenile correctional facility.

38-2366. Juvenile offenders in custody of department of corrections; placement; notification to court; detainment; prohibition on admittance to juvenile correctional facility.
(a) When a juvenile offender who is:
(1) Under 16 years of age at the time of the sentencing, has been prosecuted and convicted as an adult or under the extended jurisdiction juvenile prosecution, and has been placed in the custody of the secretary of the department of corrections, the secretary shall notify the sheriff having the offender in custody to convey such juvenile offender at a time designated by the department of corrections to a juvenile correctional facility. The secretary shall notify the court, in writing, of the initial placement of the offender in the specific juvenile correctional facility as soon as the placement has been accomplished.
(2) At least 16 but less than 18 years of age at the time of sentencing, has been prosecuted and convicted as an adult or under the extended jurisdiction juvenile prosecution, and has been placed in the custody of the secretary, the secretary shall notify the sheriff having the offender in custody to convey such juvenile offender at a time designated by the department of corrections to a juvenile correctional facility or adult correctional institution. The secretary shall notify the court, in writing, of the initial placement of the offender in the specific juvenile correctional facility or adult correctional institution as soon as the placement has been accomplished.
The secretary shall not permit the juvenile offender to remain detained in any jail 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, after the secretary has received the written order of the court placing the offender in the custody of the secretary. If such placement cannot be accomplished, the offender may remain in jail for an additional period of time, not exceeding 10 days, which is specified by the secretary and approved by the court.
(b) Except as provided in subsection (a), a juvenile who has been prosecuted and convicted as an adult shall not be eligible for admission to a juvenile correctional facility. All other conditions of the offender's sentence imposed under this code, including restitution orders, may remain intact.
History:
L. 2006, ch. 169, § 66; L. 2010, ch. 11, § 10; L. 2015, ch. 32, § 2; April 16.
2023 Kansas Statutes › Chapter 38 - Minors › Article 23 - Revised Kansas Juvenile Justice Code › 38-2367 Modification of sentence.

38-2367. Modification of sentence.
(a) At any time after the entry of an order of custody or placement of a juvenile offender, the court, upon the court's own motion or the motion of the secretary of corrections or parent or any party, may modify the sentence imposed. Upon receipt of the motion, the court shall fix a time and place for hearing and provide notice to the movant and to the current custodian and placement of the juvenile offender and to each party to the proceeding. Except as established in subsection (b), after the hearing, if the court finds that the sentence previously imposed is not in the best interests of the juvenile offender, the court may rescind and set aside the sentence, and enter any sentence pursuant to K.S.A. 38-2361, and amendments thereto, and the overall case length limit, except that a child support order which has been registered under K.S.A. 38-2321, and amendments thereto, may only be modified pursuant to K.S.A. 38-2321, and amendments thereto.
(b) If the court determines that it is in the best interests of the juvenile offender to be returned to the custody of the parent or parents, the court shall so order.
(c) If, during the proceedings, the court determines that there is probable cause to believe that the juvenile is a child in need of care as defined in K.S.A. 38-2022*, and amendments thereto, the court may refer the matter to the county or district attorney, who shall file a petition as provided in K.S.A. 38-2234, and amendments thereto, and refer the family to the Kansas department for children and families for services.
(d) If, during the proceedings, the court finds that a juvenile offender needs a place to live and the court does not have probable cause to believe the juvenile is a child in need of care as defined in K.S.A. 38-2022*, and amendments thereto, or if the child is emancipated or over the age of 17, the court may authorize participation in a community integration program.
(e) Any time within 60 days after a court has committed a juvenile offender to a juvenile correctional facility the court may modify the sentence and enter any other sentence, except that a child support order which has been registered under K.S.A. 38-2321, and amendments thereto, may only be modified pursuant to K.S.A. 38-2321, and amendments thereto.
(f) Any time after a court has committed a juvenile offender to a juvenile correctional facility, the court may, upon motion by the secretary of corrections, modify the sentence and enter any other sentence if the court determines that:
(1) The medical condition of the juvenile justifies a reduction in sentence; or
(2) the juvenile's exceptional adjustment and habilitation merit a reduction in sentence.
History:
L. 2006, ch. 169, § 67; L. 2016, ch. 46, § 44; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 23 - Revised Kansas Juvenile Justice Code › 38-2368 Violation of condition of probation or placement.

38-2368. Violation of condition of probation or placement.
If it is alleged that a juvenile offender has violated a condition of probation or of a court-ordered placement, the county or district attorney, the current custodian of the juvenile offender, or the victim of the offense committed by the offender may file a report with the assigned community supervision officer of the juvenile offender. If, upon review by the assigned community supervision officer of the juvenile offender, it is determined that the violation is eligible under K.S.A. 38-2392, and amendments thereto, for review by the court, the assigned community supervision officer may file a report with the court describing the alleged violation. The court shall provide copies of the report to the parties to the proceeding. The court, upon the court's own motion or the motion of the secretary of corrections or any party, shall set the matter for hearing and may issue a warrant pursuant to K.S.A. 38-2342, and amendments thereto, if there is probable cause to believe that the juvenile poses a significant risk of physical harm to another or damage to property. Upon receipt of the motion, the court shall fix a time and place for hearing and provide notice to the movant and to the current custodian of the juvenile offender and to each party to the proceeding. If the court finds by a preponderance of the evidence that the juvenile offender has absconded from supervision, violated a condition of probation or placement or committed a technical violation for a third or subsequent time, the court may, subject to the overall case length limit, extend or modify the terms of probation or placement or enter another sentence pursuant to K.S.A. 38-2361, and amendments thereto, except that a child support order which has been registered under K.S.A. 38-2321, and amendments thereto, may only be modified pursuant to K.S.A. 38-2321, and amendments thereto.
History:
L. 2006, ch. 169, § 68; L. 2016, ch. 46, § 45; L. 2017, ch. 90, § 7; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 23 - Revised Kansas Juvenile Justice Code › 38-2370 Good time credits; rules and regulations.

38-2370. Good time credits; rules and regulations.
(a) For purposes of determining release of a juvenile offender, a system shall be developed whereby good behavior is the expected norm and negative behavior will be punished.
(b) The commissioner shall adopt rules and regulations to carry out the provisions of this section regarding good time calculations. Such rules and regulations shall provide circumstances upon which a juvenile offender may earn good time credits through participation in programs which may include, but not be limited to, education programs, work participation, treatment programs, vocational programs, activities and behavior modification. Such good time credits may also include the juvenile offender's willingness to examine and confront the past behavior patterns that resulted in the commission of the juvenile's offense.
History:
L. 2006, ch. 169, § 70; L. 2014, ch. 126, § 9; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 23 - Revised Kansas Juvenile Justice Code › 38-2372 Computation of sentence.

38-2372. Computation of sentence.
In any action pursuant to the revised Kansas juvenile justice code in which the juvenile is adjudicated upon a plea of guilty or trial by court or jury or upon completion of an appeal, the judge, shall direct that, for the purpose of computing the juvenile's overall case length limit and, if incarcerated, sentence and release, eligibility and conditional release dates thereunder, that such sentence is to be computed from a date, to be specifically designated by the court in the sentencing order. If incarcerated, such date shall be established to reflect and shall be computed as an allowance for the time which the juvenile has spent incarcerated pending the disposition of the juvenile's case. In recording the date of commencement of such sentence, the date as specifically set forth by the court shall be used as the date of sentence and all good time calculations authorized by law and all earned time calculations authorized by law are to be allowed on such sentence from such date as though the juvenile were actually incarcerated in a juvenile correctional facility.
History:
L. 2006, ch. 169, § 72; L. 2014, ch. 126, § 10; L. 2016, ch. 46, § 48; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 23 - Revised Kansas Juvenile Justice Code › 38-2375 Same; conditional release; failure to obey; authorized dispositions.

38-2375. Same; conditional release; failure to obey; authorized dispositions.
If it is alleged that a juvenile offender who has been conditionally released from a juvenile correctional facility has failed to obey the specified conditions of release for the third or subsequent time or has absconded from supervision, the officer assigned to supervise compliance with the conditions of release or, upon referral from such officer, the county or district attorney may file a report with the committing court or the court of the county in which the juvenile offender resides describing the alleged violation and the juvenile's history of violations. The court shall provide copies of the report to the parties to the proceedings. The court, upon the court's own motion or the county or district attorney, shall set the matter for hearing. The movant shall provide notice of the motion and hearing to each party to the proceeding and the current custodian and placement of the juvenile offender. If the court finds that a condition of release has been violated, the court may modify or impose additional conditions of release that the court considers appropriate pursuant to K.S.A. 38-2369, and amendments thereto.
History:
L. 2006, ch. 169, § 75; L. 2016, ch. 46, § 51; L. 2017, ch. 90, § 9; July 1.
2023 Kansas Statutes › Chapter 38 - Minors › Article 23 - Revised Kansas Juvenile Justice Code › 38-2376 Same; discharge from commitment; notification.

38-2376. Same; discharge from commitment; notification.
(a) When a juvenile offender has reached the age of 23 years, has maximized the overall case length limit, or has been convicted as an adult while serving a term of incarceration at a juvenile correctional facility, or has completed the prescribed terms of incarceration at a juvenile correctional facility, together with any conditional release following the program, the juvenile shall be discharged by the secretary of corrections from any further obligation under the commitment unless the juvenile was sentenced pursuant to an extended jurisdiction juvenile prosecution upon court order. The discharge shall operate as a full and complete release from any obligations imposed on the juvenile offender arising from the offense for which the juvenile offender was committed.
(b) At least 45 days prior to the discharge of the juvenile offender, the juvenile justice authority shall notify the court and the county or district attorney of the county where the offender was adjudicated a juvenile offender of the pending discharge of such juvenile offender, the offense would have constituted a class A, B or C felony before July 1, 1993, or an off-grid crime, a nondrug crime ranked at severity level 1, 2, 3, 4 or 5 or a drug crime ranked at severity level 1, 2 or 3, on or after July 1, 1993, or a drug crime ranked at severity level 4 on or after July 1, 2012, if committed by an adult. The county or district attorney shall give written notice at least 30 days prior to the discharge of the juvenile offender pursuant to K.S.A. 38-2379, and amendments thereto.
History:
L. 2006, ch. 169, § 76; L. 2007, ch. 198, § 8; L. 2012, ch. 150, § 49; L. 2016, ch. 46, § 52; July 1, 2017.
2023 Kansas Statutes › Chapter 38 - Minors › Article 23 - Revised Kansas Juvenile Justice Code › 38-2377 Notification of pending release; hearing; maximum term of imprisonment.

38-2377. Notification of pending release; hearing; maximum term of imprisonment.
(a) The secretary shall notify the county or district attorney, the court, the local law enforcement agency and the school district in which the juvenile offender will be residing of such pending release at least 45 days before release if the juvenile is still required to attend school, if the juvenile offender has committed an act prior to July 1, 1999, which, if committed by a person 18 years of age or over, would have constituted: (1) A class A or B felony, before July 1, 1993; or (2) an off-grid crime, a nondrug crime ranked at severity level 1, 2, 3, 4 or 5 or a drug crime ranked at severity level 1, 2 or 3, if the offense was committed on or after July 1, 1993, and, if such juvenile is to be released. The county or district attorney shall give written notice at least 30 days prior to discharge of the juvenile offender pursuant to K.S.A. 38-2379, and amendments thereto. The county attorney, district attorney or the court on its own motion may file a motion with the court for a hearing to determine if the juvenile offender should be placed on conditional release if not previously ordered by the court, subject to the overall case length limit. The court shall fix a time and place for hearing and shall notify each party of the time and place.
(b) Following the hearing, if the court orders a period of conditional release, the juvenile offender shall not be supervised for longer than six months of conditional release and the overall case length limit.
History:
L. 2006, ch. 169, § 77; L. 2011, ch. 30, § 172; L. 2016, ch. 46, § 53; July 1, 2017.
2023 Kansas Statutes › Chapter 38 - Minors › Article 23 - Revised Kansas Juvenile Justice Code › 38-2378 School district involvement in discharge plan.

38-2378.
School district involvement in discharge plan.
The commissioner and the school district in which a juvenile offender will be residing shall plan for the juvenile offender's release or discharge if the juvenile offender is required to attend school. The commissioner shall send the educational records for the juvenile and notice of the offenses the juvenile committed to the school district that the juvenile will be attending.
History:
L. 2006, ch. 169, § 78; January 1, 2007.
2023 Kansas Statutes › Chapter 38 - Minors › Article 23 - Revised Kansas Juvenile Justice Code › 38-2379 Written notice by county or district attorney.

38-2379.
Written notice by county or district attorney.
(a) When a statute requires that the county or district attorney shall give written notice at least 30 days prior to the release of the juvenile offender, such notice shall be given to:
(1) Any victim of the juvenile offender's crime who is alive and whose address is known to the court or, if the victim is deceased, to the victim's family if the family's address is known to the court;
(2) the local law enforcement agency; and
(3) the school district in which the juvenile offender will be residing if the juvenile is still required to attend school.
(b) Failure to notify pursuant to this section shall not be a reason to postpone a release. Nothing in this section shall create a cause of action against the state or county of an employee of the state or county acting within the scope of the employee's employment as a result of the failure to notify pursuant to this section.
History:
L. 2006, ch. 169, § 79; January 1, 2007.
2023 Kansas Statutes › Chapter 38 - Minors › Article 23 - Revised Kansas Juvenile Justice Code › 38-2381 Appeals by prosecution.

38-2381.
Appeals by prosecution.
(a) An appeal may be taken by the prosecution from an order:
(1) Dismissing proceedings when jeopardy has not attached;
(2) denying authorization to prosecute a juvenile as an adult;
(3) quashing a warrant or a search warrant;
(4) suppressing evidence or suppressing a confession or admission; or
(5) upon a question reserved by the prosecution.
(b) An appeal upon a question reserved by the prosecution shall be taken within 14 days after the juvenile has been adjudged to be a juvenile offender. Other appeals by the prosecution shall be taken within 14 days after the entry of the order appealed.
History:
L. 2006, ch. 169, § 81; L. 2010, ch. 135, § 57; July 1.