38-2364. Extended jurisdiction juvenile prosecution; violating conditions of stayed juvenile sentence; hearing.
38-2364
38-2364. Extended jurisdiction juvenile prosecution;violating conditions of stayed juvenile sentence; hearing.(a) If an extended jurisdiction juvenile prosecutionresults in a guilty plea or finding of guilt,the court shall:
(1) Impose one or more juvenile sentences underK.S.A. 2009 Supp.38-2361,and amendments thereto; and
(2) impose an adult criminal sentence, the execution of which shall be stayedon thecondition that the juvenile offender not violate the provisions of the juvenilesentence and notcommit a new offense.
(b) When it appears that a person sentenced as an extended jurisdictionjuvenile has violatedthe conditions of the juvenile sentence or is alleged to have committed a newoffense, the court,without notice, may revoke the stay and probation and direct that the juvenileoffender beimmediately taken into custody and delivered to the secretary of correctionspursuant to K.S.A.21-4621, and amendments thereto. The court shall notify the juvenile offenderand such juvenileoffender's attorney of record, in writing by personal service, as provided inK.S.A. 60-303, andamendments thereto, or certified mail, return receipt requested, of the reasonsalleged to exist forrevocation of the stay of execution of the adult sentence. If the juvenileoffender challenges thereasons, the court shall hold a hearing on the issue at which the juvenileoffender is entitled to beheard and represented by counsel. After the hearing, if the court finds bysubstantial evidence thatconditions of the juvenile's sentence have been violated, the court shallrevoke the juvenile sentenceand order the imposition of the adult sentence previously ordered pursuant tosubsection (a)(2). Uponsuch finding, the juvenile's extended jurisdiction status is terminated, andjuvenile court jurisdictionis terminated. The ongoing jurisdiction for any adult sanction, other than thecommitment to thedepartment of corrections, is with the adult court. The juvenile offendershall be credited for time served in a juvenile correctional or detentionfacility on the juvenile sentence as service on anyauthorized adult sanction.
(c) Upon becoming 18 years of age, any juvenile who has been sentencedpursuant tosubsection (a) and is serving the juvenile sentence, may move for a courthearing to review thesentence. If the sentence is continued, the court shall set a date of furtherreview in no later than 36months.
History: L. 2006, ch. 169, § 64; Jan. 1, 2007.