38-2304. Jurisdiction; presumption of age of juvenile; placement with department of social and rehabilitation services or juvenile justice authority; costs.
38-2304
38-2304. Jurisdiction; presumption of age ofjuvenile; placement with department of social and rehabilitation services orjuvenile justice authority; costs.(a) Except as provided inK.S.A. 2009 Supp.38-2347, and amendmentsthereto, proceedingsconcerning a juvenile shall be governed by the provisions of this code.
(b) The district court shall have original jurisdiction to receive anddetermine proceedings underthis code.
(c) When a complaint is filed under this code, the juvenile shall bepresumed to be subject to thiscode, unless the contrary is proved.
(d) Once jurisdiction is acquired by the district court over an allegedjuvenile offender, except asotherwise provided in subsection (e), jurisdiction shall continue until one ofthe followingoccurs:
(1) The complaint is dismissed;
(2) the juvenile is adjudicated not guilty at trial;
(3) the juvenile, after being adjudicated guilty and sentenced:
(i) Successfully completes the term of probation or order of assignment tocommunity corrections;
(ii) is discharged by the commissioner pursuant toK.S.A. 2009 Supp.38-2376,and amendmentsthereto;
(iii) reaches the juvenile's 21st birthday and noexceptions applythatextend jurisdictionbeyond age 21;
(4) the court terminates jurisdiction; or
(5) the offender is convicted of a new felony while the offender isincarcerated in a juvenile correctional facility pursuant to K.S.A. 38-1671prior to its repeal orK.S.A. 2009 Supp.38-2373, and amendments thereto, foran offense, which if committed by an adult would constitute the commission of afelony.
(e) Once jurisdiction is acquired by the district court over an allegedjuvenile offender, it shallcontinue beyond the juvenile offender's 21st birthdaybut no later than the juvenileoffender's 23rd birthday if either or both of thefollowing conditions apply:
(1) The juvenile offender is sentenced pursuant toK.S.A. 2009 Supp.38-2369,and amendmentsthereto,and the term of the sentence including successful completion of aftercareextends beyond thejuvenile offender's 21st birthday; or
(2) the juvenile offender is sentenced pursuant to an extended jurisdictionjuvenileprosecution and continues to successfully serve the sentence imposed pursuantto the revised Kansasjuvenile justice code.
(f) Termination of jurisdiction pursuant to this section shall have no effecton the juvenileoffender's continuing responsibility to pay restitution ordered.
(g) (1) If a juvenile offender, at the time of sentencing, is in an out ofhome placement in thecustody of the secretary of social and rehabilitation services under the Kansascode for care ofchildren, the sentencing courtmay order thecontinued placement of the juvenile offender as a child in need of care unlessthe offender was adjudicated for a felony or a second or subsequentmisdemeanor. If the adjudication was for afelony or a second or subsequent misdemeanor, the continued placement cannot beordered unlessthe court finds there are compelling circumstances which, in the bestinterest of the juvenileoffender, require that the placement should be continued. In consideringwhethercompelling circumstancesexist, the court shall consider the reports and recommendations of the fosterplacement, the contractprovider, the secretary of social and rehabilitation services, the presentenceinvestigation and allother relevant factors. If the foster placement refuses to continue thejuvenile in the foster placementthe court shall not order continued placement as a child in need of care.
(2) If a placement with the secretary of social and rehabilitation servicesis continued aftersentencing, the secretary shall not be responsible for any costs of sanctionsimposed under this code.
(3) If the juvenile offender is placed in the custody of the juvenilejustice authority, thesecretary of social and rehabilitation services shall not be responsible forfurnishing services orderedin the child in need of care proceeding during the time of the placementpursuant to the revisedKansas juvenile justice code. Nothing in this subsection shall preclude thejuvenile offender fromaccessing other services provided by the department of social andrehabilitation services or any otherstate agency if the juvenile offender is otherwise eligible for theservices.
History: L. 2006, ch. 169, § 4;L. 2007, ch. 198, § 7;L. 2008, ch. 169, § 20; July 1.