Session Law

Identifying Information:L. 2003 ch. 072
Other Identifying Information:2003 House Bill 2314
Tax Type:Other
Brief Description:An Act concerning the juvenile justice authority; relating to the Kansas juvenile correctional complex; amending K.S.A. 38-1602, 72-978, 74-5344 and 76-3201 and K.S.A. 2002 Supp. 75-3765 and repealing the existing sections; also repealing K.S.A. 75-52,143.
Keywords:


Body:

CHAPTER 72

HOUSE BILL No. 2314

(Amended by Chapter 158)


An Act concerning the juvenile justice authority; relating to the Kansas juvenile correctional

complex; amending K.S.A. 38-1602, 72-978, 74-5344 and 76-3201 and K.S.A. 2002 Supp.


75-3765 and repealing the existing sections; also repealing K.S.A. 75-52,143.


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

New Section 1. (a) There is hereby established, as a separate insti-

tution, the Kansas juvenile correctional complex. Any reference in the

laws of this state to a juvenile correctional facility or institution as defined

in K.S.A. 38-1602, and amendments thereto, shall be construed as also

referring to the Kansas juvenile correctional complex.

(b) The commissioner of juvenile justice shall have the management

and control of the Kansas juvenile correctional complex.

(c) The superintendent of the Kansas juvenile correctional complex

shall remit all moneys received by or for the superintendent from charges

and other operations of such institution to the state treasurer in accord-

ance with the provisions of K.S.A. 75-4215, and amendments thereto.

Upon receipt of each such remittance, the state treasurer shall deposit

the entire amount in the state treasury to the credit of the Kansas juvenile

correctional complex fee fund. All expenditures from such fund shall be

made in accordance with appropriation acts upon warrants of the director

of accounts and reports issued pursuant to vouchers approved by such

superintendent or by a person or persons designated by the superinten-

dent.

Sec. 2. K.S.A. 38-1602 is hereby amended to read as follows: 38-

1602. As used in this code, unless the context otherwise requires:

(a) ``Juvenile'' means a person 10 or more years of age but less than

18 years of age.

(b) ``Juvenile offender'' means a person who commits an offense

while a juvenile which if committed by an adult would constitute the

commission of a felony or misdemeanor as defined by K.S.A. 21-3105,

and amendments thereto, or who violates the provisions of K.S.A. 21-

4204a or K.S.A. 41-727 or subsection (j) of K.S.A. 74-8810, and amend-

ments thereto, but does not include:

(1) A person 14 or more years of age who commits a traffic offense,

as defined in subsection (d) of K.S.A. 8-2117, and amendments thereto;

(2) a person 16 years of age or over who commits an offense defined

in chapter 32 of the Kansas Statutes Annotated;

(3) a person under 18 years of age who previously has been:

(A) Convicted as an adult under the Kansas code of criminal proce-

dure;

(B) sentenced as an adult under the Kansas code of criminal proce-

dure following termination of status as an extended jurisdiction juvenile

pursuant to K.S.A. 38-16,126, and amendments thereto; or

(C) convicted or sentenced as an adult in another state or foreign

jurisdiction under substantially similar procedures described in K.S.A. 38-

1636, and amendments thereto, or because of attaining the age of majority

designated in that state or jurisdiction.

(c) ``Parent,'' when used in relation to a juvenile or a juvenile of-

fender, includes a guardian, conservator and every person who is by law

liable to maintain, care for or support the juvenile.

(d) ``Law enforcement officer'' means any person who by virtue of

that person's office or public employment is vested by law with a duty to

maintain public order or to make arrests for crimes, whether that duty

extends to all crimes or is limited to specific crimes.

(e) ``Youth residential facility'' means any home, foster home or struc-

ture which provides twenty-four-hour-a-day care for juveniles and which

is licensed pursuant to article 5 of chapter 65 of the Kansas Statutes

Annotated.

(f) ``Juvenile detention facility'' means any secure public or private

facility which is used for the lawful custody of accused or adjudicated

juvenile offenders and which shall not be a jail.

(g) ``Juvenile correctional facility'' means a facility operated by the

commissioner for juvenile offenders.

(h) ``Warrant'' means a written order by a judge of the court directed

to any law enforcement officer commanding the officer to take into cus-

tody the juvenile named or described therein.

(i) ``Commissioner'' means the commissioner of juvenile justice.

(j) ``Jail'' means:

(1) An adult jail or lockup; or

(2) a facility in the same building as an adult jail or lockup, unless the

facility meets all applicable licensure requirements under law and there

is (A) total separation of the juvenile and adult facility spatial areas such

that there could be no haphazard or accidental contact between juvenile

and adult residents in the respective facilities; (B) total separation in all

juvenile and adult program activities within the facilities, including rec-

reation, education, counseling, health care, dining, sleeping, and general

living activities; and (C) separate juvenile and adult staff, including man-

agement, security staff and direct care staff such as recreational, educa-

tional and counseling.

(k) ``Court-appointed special advocate'' means a responsible adult,

other than an attorney appointed pursuant to K.S.A. 38-1606 and amend-

ments thereto, who is appointed by the court to represent the best inter-

ests of a child, as provided in K.S.A. 38-1606a, and amendments thereto,

in a proceeding pursuant to this code.

(l) ``Juvenile intake and assessment worker'' means a responsible

adult authorized to perform intake and assessment services as part of the

intake and assessment system established pursuant to K.S.A. 75-7023, and

amendments thereto.

(m) ``Institution'' means the following institutions: The Kansas juve-

nile correctional complex, the Atchison juvenile correctional facility, the

Beloit juvenile correctional facility, the Larned juvenile correctional fa-

cility and the Topeka juvenile correctional facility.

(n) ``Sanctions house'' means a facility which is operated or structured

so as to ensure that all entrances and exits from the facility are under the

exclusive control of the staff of the facility, whether or not the person

being detained has freedom of movement within the perimeters of the

facility, or which relies on locked rooms and buildings, fences, or physical

restraint in order to control the behavior of its residents. Upon an order

from the court, a licensed juvenile detention facility may serve as a sanc-

tions house.

(o) ``Sentencing risk assessment tool'' means an instrument adminis-

tered to juvenile offenders which delivers a score, or group of scores,

describing, but not limited to describing, the juvenile's potential risk to

the community.

(p) ``Educational institution'' means all schools at the elementary and

secondary levels.

(q) ``Educator'' means any administrator, teacher or other profes-

sional or paraprofessional employee of an educational institution who has

exposure to a pupil specified in subsection (a)(1) through (5) of K.S.A.

2000 Supp. 72-89b03, and amendments thereto.

Sec. 3. K.S.A. 72-978 is hereby amended to read as follows: 72-978.

(a) (1) In each school year, in accordance with appropriations for special

education and related services provided under this act, each school district

which has provided special education and related services in compliance

with the provisions of this act shall be entitled to receive:

(A) Reimbursement for actual travel allowances paid to special teach-

ers at not to exceed the rate specified under K.S.A. 75-3203, and amend-

ments thereto, for each mile actually traveled during the school year in

connection with duties in providing special education or related services

for exceptional children; such reimbursement shall be computed by the

state board by ascertaining the actual travel allowances paid to special

teachers by the school district for the school year and shall be in an

amount equal to 80% of such actual travel allowances;

(B) reimbursement in an amount equal to 80% of the actual travel

expenses incurred for providing transportation for exceptional children to

special education or related services; such reimbursement shall not be

paid if such child has been counted in determining the transportation

weighting of the district under the provisions of the school district finance

and quality performance act;

(C) reimbursement in an amount equal to 80% of the actual expenses

incurred for the maintenance of an exceptional child at some place other

than the residence of such child for the purpose of providing special

education or related services; such reimbursement shall not exceed $600

per exceptional child per school year; and

(D) except for those school districts entitled to receive reimburse-

ment under subsection (b) or (c), after subtracting the amounts of re-

imbursement under paragraphs (A), (B) and (C) of this subsection (a)

from the total amount appropriated for special education and related

services under this act, an amount which bears the same proportion to

the remaining amount appropriated as the number of full-time equivalent

special teachers who are qualified to provide special education or related

services to exceptional children and are employed by the school district

for approved special education or related services bears to the total num-

ber of such qualified full-time equivalent special teachers employed by

all school districts for approved special education or related services.

(2) Each special teacher who is qualified to assist in the provision of

special education or related services to exceptional children shall be

counted as 2/5 full-time equivalent special teacher who is qualified to pro-

vide special education or related services to exceptional children.

(b) Each school district which has paid amounts for the provision of

special education and related services under an interlocal agreement shall

be entitled to receive reimbursement under subsection (a)(1)(D). The

amount of such reimbursement for the district shall be the amount which

bears the same relation to the aggregate amount available for reimburse-

ment for the provision of special education and related services under the

interlocal agreement, as the amount paid by such district in the current

school year for provision of such special education and related services

bears to the aggregate of all amounts paid by all school districts in the

current school year who have entered into such interlocal agreement for

provision of such special education and related services.

(c) Each contracting school district which has paid amounts for the

provision of special education and related services as a member of a co-

operative shall be entitled to receive reimbursement under subsection

(a)(1)(D). The amount of such reimbursement for the district shall be the

amount which bears the same relation to the aggregate amount available

for reimbursement for the provision of special education and related serv-

ices by the cooperative, as the amount paid by such district in the current

school year for provision of such special education and related services

bears to the aggregate of all amounts paid by all contracting school dis-

tricts in the current school year by such cooperative for provision of such

special education and related services.

(d) No time spent by a special teacher in connection with duties

performed under a contract entered into by the Kansas juvenile correc-

tional complex, the Atchison juvenile correctional facility, the Beloit ju-

venile correctional facility, the Larned juvenile correctional facility, or the

Topeka juvenile correctional facility and a school district for the provision

of special education services by such state institution shall be counted in

making computations under this section.

Sec. 4. K.S.A. 74-5344 is hereby amended to read as follows: 74-

5344. Nothing contained in the licensure of psychologists act of the state

of Kansas shall be construed: (a) To prevent qualified members of other

professional groups such as, but not limited to, ministers, Christian Sci-

ence practitioners, social workers and sociologists from doing work of a

psychological nature consistent with their training and consistent with any

code of ethics of their respective professions so long as they do not hold

themselves out to the public by any title or description of services incor-

porating the words ``psychologic,'' ``psychological,'' ``psychologist'' or ``psy-

chology'';

(b) in any way to restrict any person from carrying on any of the

aforesaid activities in the free expression or exchange of ideas concerning

the practice of psychology, the application of its principles, the teaching

of such subject matter and the conducting of research on problems re-

lating to human behavior if such person does not represent such person

or such person's services in any manner prohibited by such act;

(c) to limit the practice of psychology of a licensed masters level psy-

chologist or a person who holds a temporary license to practice as a li-

censed masters level psychologist insofar as such practice is a part of the

duties of any such person's salaried position, and insofar as such practice

is performed solely on behalf of such person's employer or insofar as such

person is engaged in public speaking with or without remuneration;

(d) to limit the practice of psychology or services of a student, intern

or resident in psychology pursuing a degree in psychology in a school,

college, university or other institution, with educational standards consis-

tent with those of the state universities of Kansas if such practice or

services are supervised as a part of such person's degree program. Noth-

ing contained in this section shall be construed as permitting such persons

to offer their services as psychologists to any other person and to accept

remuneration for such psychological services other than as specifically

excepted herein, unless they have been licensed under the provisions of

the licensure of psychologists act of the state of Kansas, registered under

the provisions of K.S.A. 74-5361 to 74-5371, inclusive, and amendments

thereto or granted a temporary license under the provisions of K.S.A. 74-

5367 and amendments thereto;

(e) to prevent the employment, by a person, association, partnership

or a corporation furnishing psychological services for remuneration, of

persons not licensed as psychologists under the provisions of such act to

practice psychology if such persons work under the supervision of a psy-

chologist or psychologists licensed under the provisions of such act and

if such persons are not in any manner held out to the public as psychol-

ogists licensed under the provisions of the licensure of psychologists act

of the state of Kansas, as registered under the provisions of K.S.A. 74-

5361 to 74-5371, inclusive, and amendments thereto or as holding a tem-

porary license under the provisions of K.S.A. 74-5367 and amendments

thereto;

(f) to restrict the use of tools, tests, instruments or techniques usually

denominated ``psychological'' so long as the user does not represent one-

self to be a licensed psychologist or a licensed masters level psychologist;

(g) to permit persons licensed as psychologists to engage in the prac-

tice of medicine as defined in the laws of this state, nor to require such

licensed psychologists to comply with the Kansas healing arts act;

(h) to restrict the use of the term ``social psychologist'' by any person

who has received a doctoral degree in sociology or social psychology from

an institution whose credits in sociology or social psychology are accept-

able by a school or college as defined in the licensure of psychologists act

of the state of Kansas, and who has passed comprehensive examination

in the field of social psychology as a part of the requirements for the

doctoral degree or has had equivalent specialized training in social psy-

chology;

(i) to restrict the practice of psychology by a person who is certified

as a school psychologist by the state department of education so long as

such practice is conducted as a part of the duties of employment by a

unified school district or as part of an independent evaluation conducted

in accordance with K.S.A. 72-963 and amendments thereto, including the

use of the term ``school psychologist'' by such person in conjunction with

such practice; or

(j) to restrict the use of the term psychologist or the practice of psy-

chology by psychologists not licensed under the licensure of psychologists

act of the state of Kansas in institutions for the mentally retarded, in the

a juvenile correctional facilities at Atchison, Beloit, Larned and Topeka

facility, as defined in K.S.A. 38-1602, and amendments thereto, or in in-

stitutions within the department of corrections insofar as such term is

used or such practice of psychology is performed solely in conjunction

with such person's employment by any such institution or juvenile cor-

rectional facility.

Sec. 5. K.S.A. 2002 Supp. 75-3765 is hereby amended to read as

follows: 75-3765. (a) (1) The secretary of administration shall assign space

and facilities in all state-owned or operated property or buildings in Shaw-

nee county, Kansas, except the state capitol, Topeka correctional facility,

the Kansas neurological institute, the Topeka juvenile correctional facility

at Topeka, the Kansas juvenile correctional complex, the employment

security administrative office building, 401 Topeka avenue, Kansas state

employment service building, 1309 Topeka avenue, state highway shops

and laboratory and property of the Kansas national guard for the use of

the various state agencies. The secretary may determine, fix and establish

a system of rental charges by the square foot and collect the same monthly

for space and facilities occupied by each state agency whenever any ap-

propriation for rental for space and facilities is made therefor, in an

amount not to exceed the amount appropriated.

(2) The secretary of administration may assign space and facilities,

establish a system of rental charges and collect rents for property and

buildings owned or controlled by the department of administration in

other parts of the state.

(3) The amounts collected under paragraphs (1) and (2) shall be re-

mitted by the secretary of administration to the state treasurer in accord-

ance with the provisions of K.S.A. 75-4215, and amendments thereto.

Upon receipt of each such remittance, the state treasurer shall deposit

the entire amount in the state treasury to the credit of the state buildings

operating fund or other funds of the department of administration as

prescribed by the secretary of administration.

(4) On or before December 31 of each year, the secretary of admin-

istration shall present a report to the joint committee on state building

construction concerning any actions taken by the secretary pursuant to

authority granted to the secretary under this subsection. The report shall

describe the action taken and the statutory authority authorizing such

action.

(b) The secretary of administration shall require five-year building

space utilization plans from all state agencies and develop a database of

all state-owned or leased building and storage space. This database shall

serve as the central repository of state-owned or leased building and stor-

age space information. All changes made in the ownership or leasing

status of all building space utilized by state agencies shall be reported to

the secretary of administration and entered into this database. The da-

tabase shall include the actual and budgeted amount of money paid by

state agencies for building and storage space. The database may include

any other information related to the building space needs of the state as

determined to be necessary by the secretary of administration.

All state agencies shall cooperate with requests for information con-

cerning building space and storage space made by the secretary of ad-

ministration or the secretary of administration's designee.

On or before December 31 of each year, the secretary of administration

shall present a report of state-owned or leased building and storage space

information to the joint committee on state building construction and

shall provide notice at the same time to the secretary of the senate and

to the chief clerk of the house of representatives that such report is avail-

able to members of the legislature.

(c) As used in this section, ``state agencies'' also shall include any

quasi-state agency.

Sec. 6. K.S.A. 76-3201 is hereby amended to read as follows: 76-

3201. On and after July 1, 1997, the commissioner shall appoint the su-

perintendents of the Atchison juvenile correctional facility, the Beloit ju-

venile correctional facility, the Topeka juvenile correctional facility and

the Larned juvenile correctional facility. On and after July 1, 2003, the

commissioner shall appoint the superintendent of the Kansas juvenile cor-

rectional complex. Superintendents shall be in the unclassified service

under the Kansas civil service act. A superintendent may be removed at

any time by the commissioner. Each superintendent shall receive an an-

nual salary fixed by the commissioner, with the approval of the governor.

The commissioner may appoint an acting superintendent for any insti-

tution which has a superintendent to serve temporarily until a vacancy is

filled. Acting superintendents shall have the same powers, duties and

functions as superintendents.

Sec. 7. K.S.A. 38-1602, 72-978, 74-5344, 75-52,143 and 76-3201 and

K.S.A. 2002 Supp. 75-3765 are hereby repealed.

Sec. 8. This act shall take effect and be in force from and after its

publication in the statute book.

Approved April 14, 2002.


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