38-2392. Community-based graduated responses for technical violations of probation, violations of conditional release and violations of a condition of sentence. (a) The department of corrections shall, in consultation with the supreme court, adopt rules and regulations by January 1, 2017, for a statewide system of structured community-based graduated responses for technical violations of probation, violations of conditional release and violations of a condition of sentence by juveniles. Such graduated responses shall be utilized by community supervision officers to provide a continuum of community-based responses. These responses shall include sanctions that are swift and certain to address violations based on the severity of the violation as well as incentives that encourage positive behaviors. Such responses shall take into account the juvenile's risks and needs.
(b) When a juvenile is placed on probation pursuant to K.S.A. 38-2361, and amendments thereto, community supervision officers shall utilize graduated responses, targeted to the juvenile's risks and needs based on the results of a risk and needs assessment to address technical violations. A technical violation shall only be considered by the court for revocation if: (1) It is a third or subsequent technical violation; (2) prior failed responses are documented in the juvenile's case plan; and (3) the community supervision officer has determined and documented that graduated responses to the violation will not suffice. Unless a juvenile poses a significant risk of physical harm to another or damage to property, community supervision officers shall issue a summons rather than request a warrant on a third or subsequent technical violation subject to review by the court. Absconding from supervision shall not be considered a technical violation of probation and, after reasonable efforts to locate a juvenile that has absconded are unsuccessful, the court may issue a warrant for the juvenile pursuant to K.S.A. 38-2342, and amendments thereto.
(c) When a juvenile is placed on probation pursuant to K.S.A. 38-2361, and amendments thereto, the community supervision officer responsible for oversight of the juvenile shall develop a case plan in consultation with the juvenile and the juvenile's family. The department for children and families and local board of education may participate in the development of the case plan when appropriate.
(1) Such case plan shall incorporate the results of the risk and needs assessment, referrals to programs, documentation on violations and graduated responses and shall clearly define the role of each person or agency working with the juvenile.
(2) If the juvenile is later committed to the custody of the secretary, the case plan shall be shared with the juvenile correctional facility.
(d) This section shall be part of and supplemental to the revised Kansas juvenile justice code.
History: L. 2016, ch. 46, § 2; L. 2017, ch. 90, § 11; July 1.
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.