attorney who handles sentate bill 367

When did the discharge from commitment statute change?

Effective July 1, 2017 , the statute governing discharge from commitment is amended to incorporate the maximization of the overall case length limit as a condition requiring discharge of the juvenile by the Secretary.

What is the post adjudication order?

The statute governing post-adjudication orders and hearings is amended to require the court to order one or more of the tools listed in the section unless information from a risk and needs assessment is available. The bill adds a provision giving the court authority to compel an assessment by the Secretary for Aging and Disability Services if a psychological or emotional evaluation of the juvenile indicates the juvenile requires acute inpatient mental health or substance abuse treatment, and the results of this assessment may inform a treatment and payment plan pursuant to the same eligibility process for non-court-involved youth. The bill requires a summary of the results from a risk and needs assessment be provided to the court post-adjudication and predisposition to be used to inform supervision levels. OJA and KDOC must adopt a single, uniform risk and needs assessment to be used across the state. Cutoff scores to determine risk levels for juveniles shall be established by OJA and the Secretary, in consultation with the Oversight Committee, and training on the assessment is required for all administrators. The bill requires data to be collected on the results of the assessment to inform a validation study on the Kansas juvenile justice population to be conducted by June 30, 2020.

How many beds can a juvenile offenders be in a home?

Effective January 1, 2018, the Secretary of Corrections may contract for up to 50 non-foster home beds in youth residential facilities for placement of juvenile offenders under certain circumstances specified elsewhere in the bill (and described later in this summary). The Secretary is directed to contract with facilities that have high success rates and that decrease recidivism rates, consider contracting for bed space across the entire state, and give priority to existing facilities that are able to meet the Secretary’s requirements.

When can a juvenile be taken into custody?

Effective January 1, 2017, the statute governing when and how a juvenile may be taken into custody is amended to remove the current authority given a court services officer, juvenile community corrections officer, or other person authorized to supervise juveniles to take a juvenile into custody when there is probable cause to believe the juvenile has violated a term of probation or placement. The authority of these officers to arrest a juvenile or request a juvenile’s arrest without a warrant for violation of a condition of release is removed and replaced with authority to request a warrant by giving the court a written statement that the juvenile has violated a condition of conditional release from detention or probation for the third or subsequent time and that the juvenile poses a significant risk of physical harm to another or damage to property. An existing provision directing that a juvenile taken into custody be brought to an intake and assessment worker, before the court, or to another designated official or facility is replaced with a provision directing that the juvenile be brought to the custody of the juvenile’s parent or other custodian, unless there are reasonable grounds to believe such action would not be in the best interests of the child or would pose a risk to public safety or property. If the juvenile cannot be so delivered, the officer may issue a notice to appear or contact and deliver the juvenile to an intake and assessment worker for completion of the intake and assessment process. Provisions giving certain officials and workers discretionary authority to release the juvenile in the absence of court order or upon completion of the intake and assessment process are changed to make release mandatory. A provision allowing a person 18 years of age or older taken into custody for a juvenile offense to be detained in jail if detention is necessary is changed to permit such detention only if the person is eligible for detention and all suitable alternatives have been exhausted.

What is a KDOC plan?

Effective January 1, 2017, KDOC must create a plan and provide funding to incentivize the development of immediate intervention programs. Funds allocated for such plan may be used only to make grants to immediate intervention programs that adhere to the standards and procedures for such programs developed pursuant to the bill, and must be based on the number of persons served and other requirements established by KDOC. The plan may include requirements for grant applications, organizational characteristics, reporting and auditing criteria, and other eligibility and accountability standards.

When did the jails change?

Effective January 1, 2017, the statute prohibiting placement in a jail except under certain specified circumstances is amended to make it subject to the statutes governing criteria for detention and procedures when a juvenile is taken into custody. Under the provisions of this bill, those statutes permit placement in a jail only for a person over the age of 18 who is eligible for detention, when all suitable alternatives have been exhausted. The statute also is amended to remove a reference to youth residential facilities.

What is juvenile offender information?

Effective July 1, 2017, the definition of “juvenile offender information” (for the purposes of reporting to the central repository by juvenile justice agencies) is amended to specify certain data that must be included related to the use of the detention risk assessment tool, individual-level data for juveniles on probation, costs for juveniles on probation, individual-level data regarding juvenile filings, risk and needs assessment override data, violation data for juveniles on probation, and certain information for juveniles in immediate intervention plans.