Kansas Statutes
Article 23 - Revised Kansas Juvenile Justice Code
38-2386 Law enforcement power; special investigators.

38-2386. Law enforcement power; special investigators. (a) The superintendent of any juvenile correctional facility 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 authority, 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, security 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 commissioner shall have the authority to appoint and designate special investigators. Each special investigator designated by the commissioner is hereby vested with the power and authority of peace and police officers and shall have the authority to:
(1) Make arrests;
(2) conduct searches and seizures;
(3) maintain custody, security and control of any person in the custody of the commissioner; and
(4) generally enforce all the criminal laws of the state as violations of those laws are encountered during the routine performance of duty.
(c) No special investigator may carry firearms while performing such duties without having first successfully completed the training course prescribed for law enforcement officers under the Kansas law enforcement training act, K.S.A. 74-5601 et seq., and amendments thereto.
(d) Each special investigator designated shall:
(1) Be vested with law enforcement authority;
(2) be in classified service under the Kansas civil service act; and
(3) be subject to the requirements of the Kansas law enforcement training act, K.S.A. 74-5601 et seq., and amendments thereto.
(e) The commissioner may adopt rules and regulations prescribing additional training required for such special investigators.
History: L. 2006, ch. 169, § 86; L. 2012, ch. 56, § 1; July 1.

Structure Kansas Statutes

Kansas Statutes

Chapter 38 - Minors

Article 23 - Revised Kansas Juvenile Justice Code

38-2301 Citation; goals of the code; policy development.

38-2302 Definitions.

38-2303 Time limitations for commencement of proceeding.

38-2304 Jurisdiction; presumption of age of juvenile; placement with department for children and families or juvenile justice authority; costs; precedence of certain orders.

38-2305 Venue.

38-2306 Right to an attorney.

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.

38-2310 Records of law enforcement officers, agencies and municipal courts concerning certain juveniles; disclosure.

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.

38-2316 Health services.

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.

38-2328 Pleadings.

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.

38-2332 Prohibiting placement or detention of juvenile in jail; exceptions; review of records and determination of compliance by the department of corrections.

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.

38-2338 Service of process.

38-2339 Proof of service.

38-2340 Service of other pleadings.

38-2341 Subpoenas and witness fees.

38-2342 Issuance of warrants.

38-2343 Detention hearing; waiver; notice; attorney for juvenile; procedure; removal from custody of parent; audio-video communications; detention review hearing.

38-2344 First appearance; plea.

38-2345 Nolo contendere.

38-2346 Immediate intervention programs.

38-2347 Prosecution as an adult; extended jurisdiction juvenile prosecution; burden of proof; authorization.

38-2348 Proceedings to determine competency.

38-2349 Same; commitment of incompetent.

38-2350 Same; juvenile not mentally ill person.

38-2351 Duty of parents and others to appear at all proceedings involving alleged juvenile offender; failure, contempt.

38-2352 Time of hearing.

38-2353 Hearings; open to the public; restrictions.

38-2354 Rules of evidence.

38-2355 Degree of proof.

38-2356 Adjudication.

38-2357 Jury trials in certain cases.

38-2358 Recorded statement of child victim admissible in certain cases; limitations.

38-2359 Record by electronic means of testimony of child victim admissible in certain cases, limitations; objections; restrictions.

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.

38-2364 Extended jurisdiction juvenile prosecution; violating conditions of stayed juvenile sentence; hearing.

38-2365 Juvenile offender placed in custody of commissioner; placement; permanency plan; progress report to court; hearing; notification; termination of parental rights.

38-2366 Juvenile offenders in custody of department of corrections; placement; notification to court; detainment; prohibition on admittance to juvenile correctional facility.

38-2367 Modification of sentence.

38-2368 Violation of condition of probation or placement.

38-2369 Sentencing juvenile offenders; placement matrix; placements based on offense committed; aftercare term.

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.

38-2382 Appeals; procedure.

38-2383 Temporary orders pending appeal; status of orders appealed from.

38-2384 Fees and expenses.

38-2385 Certification of juvenile corrections officers; basic course of instruction; in-service training.

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.

38-2392 Community-based graduated responses for technical violations of probation, violations of conditional release and violations of a condition of sentence.

38-2393 Multidisciplinary team for failure to comply with immediate intervention plan.

38-2394 Training for individuals working with juveniles adjudicated or participating in an immediate intervention.

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.