38-2373. Commitment to juvenile correctional facility; transfers. (a) Actions by the court. (1) When a juvenile offender has been committed to a juvenile correctional facility, the clerk of the court shall promptly notify the secretary of corrections of the commitment and provide the secretary with a certified copy of the complaint, the journal entry of the adjudication and sentencing. The court shall provide those items from the social file which could relate to a rehabilitative program. If the court wishes to recommend placement of the juvenile offender in a specific juvenile correctional facility, the recommendation shall be included in the sentence. After the court has received notice of the juvenile correctional facility designated as provided in subsection (b), it shall be the duty of the court or the sheriff of the county to deliver the juvenile offender to the facility at the time designated by the secretary.
(2) When a juvenile offender is residing in a juvenile correctional facility and is required to go back to court for any reason, the county demanding the juvenile's presence shall be responsible for transportation, detention, custody and control of such offender. In these cases, the county sheriff shall be responsible for all transportation, detention, custody and control of such offender.
(b) Actions by the secretary. (1) Within three days, excluding Saturdays, Sundays and legal holidays, after receiving notice of commitment as provided in subsection (a), the secretary shall notify the committing court of the facility to which the juvenile offender should be conveyed, and when to effect the immediate transfer of custody and control to the department of corrections. The date of admission shall be no more than five days, excluding Saturdays, Sundays and legal holidays, after the notice to the committing court. Until received at the designated facility, the continuing detention, custody, and control of and transport for a juvenile offender sentenced to a direct commitment to a juvenile correctional facility shall be the responsibility of the committing county.
(2) Except as provided by K.S.A. 38-2332, and amendments thereto, the secretary may make any temporary out-of-home placement the secretary deems appropriate pending placement of the juvenile offender in a juvenile correctional facility, and the secretary shall notify the court, local law enforcement agency and school district in which the juvenile will be residing if the juvenile is still required to attend a secondary school of that placement.
(c) Transfers. During the time a juvenile offender remains committed to a juvenile correctional facility, the secretary may transfer the juvenile offender from one juvenile correctional facility to another.
(d) Case planning. For all juveniles committed to a juvenile correctional facility pursuant to K.S.A. 38-2361(a)(11)*, and amendments thereto, a case plan shall be developed with input from the juvenile and the juvenile's family. For all those committed upon violation of a condition of sentence pursuant to K.S.A. 38-2368, and amendments thereto, the case plan developed with the juvenile's community supervision officer shall be revised to reflect the new disposition. The department for children and families, the local school district in which the juvenile offender will be residing and community supervision officers may also participate in the development or revision of the case plan when appropriate. The case plan shall incorporate the results of the risk and needs assessment, the programs and education to complete while in custody and shall clearly define the role of each person or agency working with the juvenile. The case plan shall include a reentry section, detailing services, education, supervision or any other elements necessary for a successful transition. The reentry section of the case plan shall also include information on reintegration of the juvenile into such juvenile's family or, if reintegration is not a viable alternative, another viable release option. If the juvenile is to be placed on conditional release pursuant to K.S.A. 38-2369, the case plan shall be developed with the community supervision officer.
History: L. 2006, ch. 169, § 73; L. 2010, ch. 163, § 3; L. 2011, ch. 91, § 21; L. 2016, ch. 46, § 49; Jan. 1, 2017.
Structure Kansas Statutes
Article 23 - Revised Kansas Juvenile Justice Code
38-2301 Citation; goals of the code; policy development.
38-2303 Time limitations for commencement of proceeding.
38-2307 Court-appointed special advocate; immunity from liability; supreme court rules.
38-2308 Local citizen review board; duties and powers.
38-2309 Court records; disclosure; preservation of records.
38-2311 Records of diagnostic, treatment or medical records concerning juveniles; penalties.
38-2312 Expungement of records; docket fee.
38-2313 Fingerprints and photographs.
38-2314 Docket fee; authorized only by legislative enactment; expenses; assessment.
38-2315 Expense of care and custody of juvenile.
38-2317 Infectious disease testing and counseling; disclosure of results; penalties.
38-2318 Determination of parentage.
38-2319 Determination of child support.
38-2320 Journal entry for child support.
38-2321 Withholding order for child support; filing; service.
38-2322 Remedies supplemental not substitute.
38-2323 Placement under juvenile justice code; assignment of support right.
38-2324 Liability of parent or guardian for assistance provided juvenile, exceptions.
38-2325 Juvenile offender information system; definitions.
38-2326 Same; establishment and maintenance.
38-2327 Commencement of proceedings; duties of county or district attorney.
38-2329 Notice of defense of alibi or mental disease or defect.
38-2330 Juvenile taken into custody, when; procedure; release; detention in jail; notice to appear.
38-2331 Criteria for detention of juvenile in detention facility.
38-2333 Juvenile less than 14, admission or confession from interrogation.
38-2336 Proceedings upon filing of complaint.
38-2337 Summons; persons upon whom served; form.
38-2340 Service of other pleadings.
38-2341 Subpoenas and witness fees.
38-2344 First appearance; plea.
38-2346 Immediate intervention programs.
38-2348 Proceedings to determine competency.
38-2349 Same; commitment of incompetent.
38-2350 Same; juvenile not mentally ill person.
38-2353 Hearings; open to the public; restrictions.
38-2357 Jury trials in certain cases.
38-2358 Recorded statement of child victim admissible in certain cases; limitations.
38-2360 Post-adjudication orders and hearings.
38-2361 Sentencing alternatives.
38-2362 Orders relating to parents.
38-2363 Duty of parents and others to aid in enforcement of court orders; failure, contempt.
38-2367 Modification of sentence.
38-2368 Violation of condition of probation or placement.
38-2370 Good time credits; rules and regulations.
38-2371 Departure sentences; hearing; order; findings of fact; limitations.
38-2372 Computation of sentence.
38-2373 Commitment to juvenile correctional facility; transfers.
38-2374 Same; conditional release; procedure; supervision; notification; aftercare services.
38-2375 Same; conditional release; failure to obey; authorized dispositions.
38-2376 Same; discharge from commitment; notification.
38-2377 Notification of pending release; hearing; maximum term of imprisonment.
38-2378 School district involvement in discharge plan.
38-2379 Written notice by county or district attorney.
38-2380 Orders appealable by juvenile; appeal of departure sentence, procedure.
38-2381 Appeals by prosecution.
38-2383 Temporary orders pending appeal; status of orders appealed from.
38-2386 Law enforcement power; special investigators.
38-2387 Application to existing cases.
38-2388 Awarding high school diplomas; requirements.
38-2389 Alternative means of adjudication; exceptions; withdrawal; appeal.
38-2390 Legislative cost study analysis of youth residential centers.
38-2391 Overall case length limits.
38-2393 Multidisciplinary team for failure to comply with immediate intervention plan.
38-2395 Standards for immediate intervention.
38-2396 Reintegration plan for certain juveniles removed from the home.
38-2397 Earned time calculations.
38-2398 Earned discharge for juvenile probationers.
38-2399 Department of corrections contracts for youth residential facility beds.
38-23,100 Community integration programs for juveniles.
38-23,101 Findings to be made on juvenile's first removal from home.