Session Law

Identifying Information:L. 2003 ch. 029
Other Identifying Information:2003 House Bill 2016
Tax Type:Other
Brief Description:An Act concerning the Kansas juvenile justice code; relating to juvenile corrections officers; training and powers and duties thereof; amending K.S.A. 38-1602 and 74-5602 and repealing the existing sections.
Keywords:


Body:

CHAPTER 29

HOUSE BILL No. 2016

(Amended by Chapter 158)


An Act concerning the Kansas juvenile justice code; relating to juvenile corrections officers;

training and powers and duties thereof; amending K.S.A. 38-1602 and 74-5602 and

repealing the existing sections.

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

Section 1. 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 Atchison ju-

venile correctional facility, the Beloit juvenile correctional facility, the

Larned juvenile correctional facility 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.

72-89b03, and amendments thereto.

(r) ``Juvenile corrections officer'' means a certified employee of the

juvenile justice authority working at a juvenile correctional facility as-

signed by the commissioner with responsibility for maintaining custody,

security and control of juveniles in the custody of the commissioner at a

juvenile correctional facility.

(s) ``Investigator'' means an employee of the juvenile justice authority

assigned by the commissioner with the responsibility for investigations

concerning employees at the juvenile correctional facilities and juveniles

in the custody of the commissioner at a juvenile correctional facility.

New Sec. 2. (a) The commissioner may adopt rules and regulations

establishing standards of training and provisions for certifying juvenile

corrections officers as defined in K.S.A. 38-1602, and amendments

thereto.

(b) Except as provided in subsection (c), no person shall receive a

permanent appointment as a juvenile corrections officer unless awarded

a certificate by the commissioner which attests to satisfactory completion

of a basic course of instruction. Such course of instruction shall be ap-

proved by the commissioner and shall consist of not less than 160 hours

of instruction. The certificate shall be effective during the term of a per-

son's employment, except that any person who has terminated employ-

ment with the commissioner for a period exceeding one year shall be

required to be certified again.

(c) The commissioner may award a certificate which attests to the

satisfactory completion of a basic course of instruction to any person who

has been duly certified under the laws of another state or territory if, in

the opinion of the commissioner, the requirements for certification in the

other jurisdiction are equal to or exceed the requirements for certification

in this state. The commissioner may waive any number of hours or courses

required to complete the basic course of instruction for any person who,

in the opinion of the commissioner, has received sufficient training or

experience that such hours of instruction would be unduly burdensome

or duplicitous.

(d) Every juvenile corrections officer shall receive not less than 40

hours of in-service training annually.

(e) The provisions of this section shall be part of and supplemental

to the Kansas juvenile justice code.

New Sec. 3. (a) The superintendent of any juvenile correctional fa-

cility operated by the commissioner, all persons on the staff of the juvenile

justice authority who are in the chain of command from the commissioner

of juvenile justice to the juvenile corrections officer and every juvenile

corrections officer, regardless of rank and every investigator, while acting

within the scope of their duties as employees of the juvenile justice au-

thority, shall possess such powers and duties of a law enforcement officer

as are necessary for performing such duties for the purpose of regaining

or maintaining custody, security and control of any person in the custody

of the commissioner and may exercise such powers and duties anywhere

within the state of Kansas. Such powers and duties may be exercised

outside the state of Kansas for the purpose of maintaining custody, se-

curity and control of any person in the custody of the commissioner being

transported or escorted by anyone authorized to so act. Such employees

of the juvenile justice authority shall be responsible to and shall be at all

times under the supervision and control of the commissioner of juvenile

justice or the commissioner's designee.

(b) The provisions of this section shall be part of and supplemental

to the Kansas juvenile justice code.

Sec. 4. K.S.A. 74-5602 is hereby amended to read as follows: 74-

5602. As used in the Kansas law enforcement training act:

(a) ``Training center'' means the law enforcement training center

within the division of continuing education of the university of Kansas,

created by K.S.A. 74-5603 and amendments thereto.

(b) ``Commission'' means the Kansas law enforcement training com-

mission, created by K.S.A. 74-5606 and amendments thereto.

(c) ``Dean'' means the dean of the division of continuing education

of the university of Kansas.

(d) ``Director,'' as created in K.S.A. 74-5603 and amendments

thereto, means the director of police training at the law enforcement

training center.

(e) ``Police officer'' or ``law enforcement officer'' means a full-time or

part-time salaried officer or employee of the state, a county or a city,

whose duties include the prevention or detection of crime and the en-

forcement of the criminal or traffic laws of this state or of any municipality

thereof. Such terms shall include, but not be limited to, the sheriff, un-

dersheriff and full-time or part-time salaried deputies in the sheriff's of-

fice in each county; deputy sheriffs deputized pursuant to K.S.A. 19-2858

and amendments thereto; conservation officers of the Kansas department

of wildlife and parks; campus police officers at all state educational insti-

tutions or a municipal university; law enforcement agents of the director

of alcoholic beverage control; law enforcement agents of the Kansas lot-

tery; law enforcement agents of the Kansas racing commission; deputies

and assistants of the state fire marshal having law enforcement authority;

capitol area security guards, existing under the authority of K.S.A. 75-

4503 and amendments thereto. Such terms shall also include railroad

policemen appointed pursuant to K.S.A. 66-524 and amendments

thereto; and school security officers designated as school law enforcement

officers pursuant to K.S.A. 72-8222 and amendments thereto. Such terms

shall not include any elected official, other than a sheriff, serving in the

capacity of a law enforcement or police officer solely by virtue of such

official's elected position; any attorney-at-law having responsibility for law

enforcement and discharging such responsibility solely in the capacity of

an attorney; any employee of the commissioner of juvenile justice, the

secretary of corrections or the secretary of social and rehabilitation serv-

ices; any deputy conservation officer of the Kansas department of wildlife

and parks; or any employee of a city or county who is employed solely to

perform correctional duties related to jail inmates and the administration

and operation of a jail; or any full-time or part-time salaried officer or

employee whose duties include the issuance of a citation or notice to

appear provided such officer or employee is not vested by law with the

authority to make an arrest for violation of the laws of this state or any

municipality thereof, and is not authorized to carry firearms when dis-

charging the duties of such person's office or employment. Such term

shall include any officer appointed or elected on a provisional basis.

(f) ``Full-time'' means employment requiring at least 1,000 hours of

work per year.

(g) ``Part-time'' means employment on a regular schedule or employ-

ment which requires a minimum number of hours each payroll period,

but in any case requiring less than 1,000 hours of work per year.

(h) ``Misdemeanor crime of domestic violence'' means a violation of

domestic battery as provided by K.S.A. 2002 Supp. 21-3412a and amend-

ments thereto, or any other misdemeanor under federal, municipal or

state law that has as an element the use or attempted use of physical

force, or the threatened use of a deadly weapon, committed by a current

or former spouse, parent, or guardian of the victim, by a person with

whom the victim shares a child in common, by a person who is cohabiting

with or has cohabited with the victim as a spouse, parent or guardian, or

by a person similarly situated to a spouse, parent or guardian of the victim.

(i) ``Auxiliary personnel'' means members of organized nonsalaried

groups which operate as an adjunct to a police or sheriff's department,

including reserve officers, posses and search and rescue groups.

Sec. 5. K.S.A. 38-1602 and 74-5602 are hereby repealed.

Sec. 6. 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