Session Law

Identifying Information:L. 2001 ch. 123
Other Identifying Information:2001 Senate Bill 18
Tax Type:Other
Brief Description:An Act concerning the juvenile justice authority; relating to juvenile justice program grants; amending K.S.A. 2000 Supp. 75-7024 and repealing the existing section.
Keywords:


Body:

CHAPTER 123

SENATE BILL No. 18


An Act concerning the juvenile justice authority; relating to juvenile justice program grants;

amending K.S.A. 2000 Supp. 75-7024 and repealing the existing section.

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

Section 1. K.S.A. 2000 Supp. 75-7024 is hereby amended to read as

follows: 75-7024. In addition to other powers and duties provided by law,

in administering the provisions of the juvenile justice code, the commis-

sioner of juvenile justice shall:

(a) Establish divisions which include the following functions in the

juvenile justice authority:

(1) Operations. The commissioner shall operate the juvenile intake

and assessment system as it relates to the juvenile offender; provide tech-

nical assistance and help facilitate community collaboration; license ju-

venile correctional facilities, programs and providers; assist in coordinat-

ing a statewide system of community based service providers; establish

pilot projects for community based service providers; and operate the

juvenile correctional facilities.

(2) Research and prevention. The commissioner shall generate, an-

alyze and utilize data to review existing programs and identify effective

prevention programs; to develop new program initiatives and restructure

existing programs; and to assist communities in risk assessment and ef-

fective resource utilization.

(3) Contracts. The commissioner shall secure the services of direct

providers by contracting with such providers, which may include non-

profit, private or public agencies, to provide functions and services

needed to operate the juvenile justice authority. The commissioner shall

contract with local service providers, when available, to provide twenty-

four-hour-a-day intake and assessment services. Nothing provided for

herein shall prohibit local municipalities, through interlocal agreements,

from corroborating with and participating in the intake and assessment

services established in K.S.A. 75-7023, and amendments thereto. All con-

tracts entered into by the commissioner to secure the services of direct

providers shall contain a clause allowing the inspector general unlimited

access to such facility, records or personnel pursuant to subsection

(a)(4)(B).

(4) Performance audit. (A) The commissioner randomly shall audit

contracts to determine that service providers are performing as required

pursuant to the contract.

(B) Within the division conducting performance audits, the commis-

sioner shall designate a staff person to serve in the capacity of inspector

general. Such inspector general, or such inspector general's designee,

shall have the authority to: (i) Enforce compliance with all contracts; (ii)

perform audits as necessary to ensure compliance with the contracts. The

inspector general shall have unlimited access to any and all facilities, re-

cords or personnel of any provider that has contracted with the commis-

sioner to determine that such provider is in compliance with the contracts;

and (iii) establish a statewide juvenile justice hotline to respond to any

complaints or concerns that have been received concerning juvenile jus-

tice.

(b) Adopt rules and regulations necessary for the administration of

this act.

(c) Administer all state and federal funds appropriated to the juvenile

justice authority and may coordinate with any other agency within the

executive branch expending funds appropriated for juvenile justice.

(d) Administer the development and implementation of a juvenile

justice information system.

(e) Administer the transition to and implementation of juvenile jus-

tice system reforms.

(f) Coordinate with the judicial branch of state government any duties

and functions which effect the juvenile justice authority.

(g) Serve as a resource to the legislature and other state policymakers.

(h) Make and enter into all contracts and agreements and do all other

acts and things necessary or incidental to the performance of functions

and duties and the execution of powers under this act. The commissioner

may enter into memorandums of agreement or contractual relationships

with state agencies, other governmental entities or private providers as

necessary to carry out the commissioner's responsibilities pursuant to the

Kansas juvenile justice code.

(i) Accept custody of juvenile offenders so placed by the court.

(j) Assign juvenile offenders placed in the commissioner's custody to

juvenile correctional facilities based on information collected by the re-

ception and diagnostic evaluation, intake and assessment report, pursuant

to K.S.A. 75-7023, and amendments thereto, and the predispositional

investigation report, pursuant to K.S.A. 38-1661, and amendments

thereto.

(k) Establish and utilize a reception and diagnostic evaluation for all

juvenile offenders to be evaluated prior to placement in a juvenile cor-

rectional facility.

(l) Assist the judicial districts in establishing community based place-

ment options, juvenile community correctional services and aftercare

transition services for juvenile offenders.

(m) Review, evaluate and restructure the programmatic mission and

goals of the juvenile correctional facilities to accommodate greater spe-

cialization for each facility.

(n) Adopt rules and regulations as are necessary to encourage the

sharing of information between individuals and agencies who are involved

with the juvenile.

(o) Designate in each judicial district an entity which shall be re-

sponsible for juvenile justice field services not provided by court services

officers in the judicial district. The commissioner shall contract with such

entity and provide grants to fund such field services.

(p) Monitor placement trends and minority confinement.

(q) Develop and submit to the joint committee on corrections and

juvenile justice oversight a recommendation to provide for the financial

viability of the Kansas juvenile justice system. Such recommendation shall

include a formula for the allocation of state funds to community programs

and a rationale in support of the recommendation. The commissioner

shall avoid pursuing construction or expansion of state institutional ca-

pacity when appropriate alternatives to such placements are justified. The

commissioner's recommendations shall identify a revenue source suffi-

cient to appropriately fund expenditures anticipated to be incurred sub-

sequent to expansion of community-based capacity and necessary to fi-

nance recommended capital projects.

(r) Report monthly to the joint committee on corrections and juvenile

justice oversight. The commissioner shall review with the committee any

contracts or memorandums of agreement with other state agencies prior

to the termination of such agreements or contracts.

(s) Have the authority to designate all or a portion of a facility for

juveniles under the commissioner's jurisdiction as a:

(1) Nonsecure detention facility;

(2) facility for the educational or vocational training and related serv-

ices;

(3) facility for temporary placement pending other arrangements

more appropriate for the juvenile's needs; and

(4) facility for the provision of care and other services and not for the

detention of juveniles.

(t) After June 30, 2002, subject to appropriation acts, implement a

program to make grants for the juvenile justice programs, pursuant to

K.S.A. 75-7033, and amendments thereto, on a two-year funding cycle.

Sec. 2. K.S.A. 2000 Supp. 75-7024 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 18, 2000.


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Date Composed: 09/25/2001 Date Modified: 09/25/2001