Session Law

Identifying Information:L. 2003 ch. 026
Other Identifying Information:2003 House Bill 2089
Tax Type:Other
Brief Description:An Act concerning juvenile justice; relating to juvenile corrections advisory boards;amending K.S.A. 75-7044 and repealing the existing section.
Keywords:


Body:

CHAPTER 26

HOUSE BILL No. 2089

An Act concerning juvenile justice; relating to juvenile corrections advisory boards;

amending K.S.A. 75-7044 and repealing the existing section.


Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 75-7044 is hereby amended to read as follows: 75-

7044. On and after July 1, 1997:

(a) Subject to the other provisions of this section, each juvenile cor-

rections advisory board established under K.S.A. 75-7038 through 75-

7053, and amendments thereto, shall consist of 12 or more members who

shall be representative of law enforcement, prosecution, the judiciary,

education, corrections, ethnic minorities, the social services and the gen-

eral public and shall be appointed as follows:

(1) The law enforcement representatives shall be:

(A) The sheriff or, if two or more counties are cooperating, the sheriff

selected by the sheriffs of those counties, or the designee of that sheriff;

and

(B) the chief of police of the city with the largest population at the

time the board is established or, if two or more counties are cooperating,

the chief of police selected by the chiefs of police of each city with the

largest population in each county at the time the board is established, or

the designee of that chief of police, except that for purposes of this par-

agraph in the case of a county having consolidated law enforcement and

not having a sheriff or any chiefs of police, ``sheriff'' means the law en-

forcement director and ``chief of police of the city with the largest pop-

ulation'' or ``chief of police'' means a law enforcement officer, other than

the law enforcement director, appointed by the county law enforcement

agency for the purposes of this section;

(2) the prosecution representative shall be the county or district at-

torney or, if two or more counties are cooperating, a county or district

attorney selected by the county and district attorneys of those counties,

or the designee of that county or district attorney;

(3) the judiciary representative shall be the judge of the district court

of the judicial district, who is assigned the juvenile court docket or the

judge who is assigned most juvenile court cases, or if there is more than

one judge in the judicial district who is assigned the juvenile court docket,

the administrative judge of such judicial district shall appoint one of the

judges who is assigned the juvenile court docket, containing the county

or group of counties or, if two or more counties in two or more judicial

districts are cooperating, the judge of each such judicial district, who is

assigned the juvenile court docket or the judge who is assigned most

juvenile court cases, or if there is more than one judge in the judicial

district who is assigned the juvenile court docket, the administrative judge

of such judicial district shall appoint one of the judges who is assigned

the juvenile court docket;

(4) the education representative shall be an educational professional

appointed by the board of county commissioners of the county or, if two

or more counties are cooperating, by the boards of county commissioners

of those counties;

(5) a court services officer designated by the judge of the district

court of the judicial district, who is assigned the juvenile court docket or

the judge who is assigned most juvenile court cases, or if there is more

than one judge in the judicial district who is assigned the juvenile court

docket, the administrative judge of such judicial district shall appoint one

of the judges who is assigned the juvenile court docket, containing the

county or group of counties or, if counties in two or more judicial districts

are cooperating, a court services officer designated by the judges of those

judicial districts, who are assigned the juvenile court docket or the judges

who are assigned most juvenile court cases;

(6) an executive director of the community mental health center or

such director's designee or in the absence of such position, the board of

county commissioners of the county shall appoint or, if two or more coun-

ties are cooperating, the boards of county commissioners of those counties

shall together appoint a representative of mental health service providers

for juveniles in such county or counties;

(7) the board of county commissioners of the county shall appoint or,

if two or more counties are cooperating, the boards of county commis-

sioners of those counties shall together appoint at least three and no more

than six additional members of the juvenile corrections advisory board

or, if necessary, additional members so that each county which is not

otherwise represented on the board is represented by at least one mem-

ber of such board; and

(8) three members of the juvenile corrections advisory board shall be

appointed by cities located within the county or group of cooperating

counties as follows:

(A) If there are three or more cities of the first class, the governing

body of each of the three cities of the first class having the largest pop-

ulations shall each appoint one member;

(B) if there are two cities of the first class, the governing body of the

larger city of the first class shall appoint two members and the governing

body of the smaller city of the first class shall appoint one member;

(C) if there is only one city of the first class, the governing body of

such city shall appoint all three members; and

(D) if there are no cities of the first class, the governing body of each

of the three cities having the largest populations shall each appoint one

member.

(b) If possible, of the members appointed by the boards of county

commissioners in accordance with subsection (a)(6) (a)(7) and by the

governing bodies of cities in accordance with subsection (a)(7) (a)(8),

members shall be representative of one or more of the following:

(1) Public or private social service agencies;

(2) ex-offenders;

(3) the health care professions; and

(4) the general public.

(c) At least two members of each juvenile corrections advisory board

shall be representative of ethnic minorities and no more than 2/3 of the

members of each board shall be members of the same gender.

(d) In lieu of the provisions of subsections (a) through (c), a group of

cooperating counties as provided in subsection (a)(2) of K.S.A. 75-7052,

and amendments thereto, may establish a juvenile corrections advisory

board which such board's membership shall be determined by such group

of counties through cooperative action pursuant to the provisions of

K.S.A. 12-2901 through 12-2907, and amendments thereto, to the extent

that those statutes do not conflict with the provisions of K.S.A. 75-7038

through 75-7053, and amendments thereto, except that if two or more

counties in two or more judicial districts are cooperating, the administra-

tive judge of each such judicial district, or a judge of the district court

designated by each such administrative judge shall be a member of such

board. In determining the membership of the juvenile corrections advi-

sory board pursuant to this subsection, such group of counties shall ap-

point members who are representative of law enforcement, prosecution,

the judiciary, education, corrections, ethnic minorities, the social services

and the general public. Any juvenile corrections advisory board estab-

lished and the membership determined pursuant to this subsection shall

be subject to the approval of the commissioner of juvenile justice.

(e) In lieu of the provisions of subsections (a) through (d) and subject

to the approval of the commissioner of juvenile justice, any county may

designate the corrections advisory board, as established in K.S.A. 75-5297,

and amendments thereto, as such county's juvenile corrections advisory

board. For the purposes of K.S.A. 75-7038 through 75-7053, and amend-

ments thereto, if a county designates the corrections advisory board as

provided by this subsection, membership on such board shall be expanded

to comply with the requirements of subsection (a).

Sec. 2. K.S.A. 75-7044 is hereby repealed.

Sec. 3. This act shall take effect and be in force from and after its

publication in the statute book.

Approved April 1, 2002.


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Date Composed: 10/29/2003 Date Modified: 10/29/2003