38-2346. Immediate intervention programs.
38-2346
38-2346. Immediate intervention programs.(a) Except as provided in subsection (b), each county ordistrict attorney mayadopt a policy and establish guidelines for an immediate intervention programby which a juvenilemay avoid prosecution. In addition to the county or district attorney adoptingpolicies and guidelinesfor the immediate intervention programs, the court, the county or districtattorney and the directorof the intake and assessment center, pursuant to a written agreement, maydevelop local programsto:
(1) Provide for the direct referral of cases by the county or districtattorney or the intake andassessment worker, or both, to youth courts, restorative justice centers,hearing officers or otherlocal programs as sanctioned by the court.
(2) Allow intake and assessment workers to issue a summons, as defined insubsection (e)or if the county or district attorney has adopted appropriate policies andguidelines, allow lawenforcement officers to issue such a summons.
(3) Allow the intake and assessment centers to directly purchase services forthe juvenileand the juvenile's family.
(4) Allow intake and assessment workers to direct the release of a juvenileprior to adetention hearing after the completion of the intake and assessment process ifthe juvenile intake andassessment worker has reason to believe that if released the juvenile willappear for furtherproceedings and is not dangerous to self or others.
(b) An immediate intervention program shall provide that an alleged juvenileoffender isineligible for such program if the juvenile faces pending charges as a juvenileoffender, forcommitting acts which, if committed by an adult, would constitute:
(1) A violation of K.S.A. 8-1567, and amendments thereto, and the juvenile:(A) Haspreviously participated in an immediate intervention program instead ofprosecution of a complaintalleging a violation of that statute or an ordinance of a city in this statewhich prohibits the actsprohibited by that statute; (B) has previously been adjudicated of a violationof that statute or aviolation of a law of another state or of a political subdivision of this orany other state, which lawprohibits the acts prohibited by that statute; or (C) during the time of thealleged violation wasinvolved in a motor vehicle accident or collision resulting in personal injuryor death; or
(2) a violation of an off-grid crime, a severity level 1, 2 or 3 felony fornondrug crimes ordrug severity level 1 or 2 felony for drug crimes.
(c) An immediate intervention program may include a stipulation, agreed to bythe juvenile,the juvenile's attorney and the attorney general or county or districtattorney, of the facts upon whichthe charge is based and a provision that if the juvenile fails to fulfill theterms of the specificimmediate intervention agreement and the immediate intervention proceedings areresumed, theproceedings, including any proceedings on appeal, shall be conducted on therecord of the stipulationof facts.
(d) The county or district attorney may require the parent of a juvenile tobe a part of theimmediate intervention program.
(e) "Summons" means a written order issued by an intake and assessment workeror a lawenforcement officer directing that a juvenile appear before a designated courtat a stated time andplace to answer a pending charge.
(f) The provisions of this section shall not be applicable in judicialdistricts that adopt districtcourt rules pursuant to K.S.A. 20-342, and amendments thereto, for theadministration of immediateintervention programs by the district court.
History: L. 2006, ch. 169, § 46; Jan. 1, 2007.