38-2326. Same; establishment and maintenance.
38-2326
38-2326. Same; establishment andmaintenance.(a) In order to properly advise the three branches ofgovernmenton the operationof the juvenile justice system, there is hereby established within and as apart of the centralrepository, a juvenileoffenderinformation system. The system shall serve as a repository of juvenile offenderinformationwhich is collected by juvenile justice agencies and reported to the system.
(b) Except as otherwise provided by this subsection, every juvenilejustice agency shall reportjuvenile offender information, whether collected manually or by means of anautomated system,to the central repository, in accordance with rules and regulations adoptedpursuant to thissection. A juvenile justice agency shall report to the central repository thosereportable eventsinvolving a violation of a county resolution or city ordinance only whenrequired by rules andregulations adopted by the director.
(c) Reporting methods may include:
(1) Submission of juvenile offender information by a juvenile justiceagency directly to thecentral repository;
(2) if the information can readily be collected and reported through thecourt system, submissionto the central repository by the office of judicial administrator; or
(3) if the information can readily be collected and reported throughjuvenile justice agencies thatare part of a geographically based information system, submission to thecentral repository by theagencies.
(d) The director may determine, by rules and regulations, the statutorilyrequired reportable eventsto be reported by each juvenile justice agency, in order to avoid duplicationin reporting.
(e) Juvenile offender information maintained in the juvenile offenderinformation system isconfidential and shall not be disseminated or publicly disclosed in a mannerwhich enablesidentification of any individual who is a subject of the information, exceptthat the informationshall be open to inspection by law enforcement agencies of this state, by thedepartment of socialand rehabilitation services if related to an individual in the secretary'scustody or control, by thejuvenile justice authority if related to an individual in the commissioner'scustody or control, bythe department of corrections if related to an individual in the custody andcontrol of thesecretary of corrections, by educational institutions to the extent necessarytoprovidethe safest possibleenvironment for pupils and employees, by any educator to the extent necessaryfor theprotection of the educator and pupils, by the officers of any publicinstitution to which theindividual is committed, by county and district attorneys, by attorneys for theparties to aproceeding under this code, by an intake and assessment worker or upon orderof a judge of thedistrict court or an appellate court. Such information shall reflect theoffense level andwhether such offense is a person ornonperson offense.
(f) Any journal entry of a trial of adjudication shall state the numberof the statute under which the juvenile is adjudicated to be a juvenileoffender and specify whether eachoffense, if done byan adult, would constitute a felony or misdemeanor, as defined by K.S.A.21-3105, andamendments thereto.
(g) Any law enforcement agency that willfully fails to make any reportrequired by this sectionshall be liable to the state for the payment of a civil penalty, recoverable inan action brought bythe attorney general, in an amount not exceeding $500 for each report not made.Any civilpenalty recovered under this subsection shall be paid into the state generalfund.
(h) The director shall adopt any rules and regulations necessary toimplement, administer andenforce the provisions of this section.
(i) The director shall develop incentives to encourage the timely entry ofjuvenile offenderinformation into the central repository.
History: L. 2006, ch. 169, § 26; Jan. 1, 2007.