38-2367. Modification of sentence.
38-2367
38-2367. Modification of sentence.(a) At any time after the entry of an order of custody orplacement of a juvenileoffender, the court, upon the court's own motion or the motion of thecommissioner or parent or anyparty, may modify the sentence imposed. Upon receipt of the motion, the courtshall fix a time andplace for hearing and provide notice to the movant and to the current custodianand placement of thejuvenile offender and to each party to the proceeding. Except as established insubsection (b), after thehearing, if the court finds that the sentence previously imposed is not in thebest interests of thejuvenile offender, the court may rescind and set aside the sentence, and enterany sentence pursuanttoK.S.A. 2009 Supp.38-2361, and amendments thereto, except that a childsupport order which has been registered underK.S.A. 2009 Supp.38-2321, andamendments thereto, may only be modified pursuant toK.S.A. 2009 Supp.38-2321,and amendments thereto.
(b) If the court determines that it is in the best interests of the juvenileoffender to be returnedto the custody of the parent or parents, the court shall so order.
(c) The court shall rescind an order granting custody to a parent onlyif the court first finds probablecause that: (1)(A) The juvenile is likely to sustain harm if notimmediately removed from the home;
(B) allowing the juvenile to remain in home is contrary to the welfare of thejuvenile; or
(C) immediate placement of the juvenile is in the juvenile's best interest;and
(2) reasonable efforts have been made to maintain the family unit andprevent the unnecessary removal of the juvenile from the juvenile's home orthat anemergency exists which threatens the safety of the juvenile.The court shall state the basis of each finding.
(d) Any time within 60 days after a court has committed a juvenile offenderto a juvenilecorrectional facility the court may modify the sentence and enter any othersentence, except that achild support order which has been registered underK.S.A. 2009 Supp.38-2321,and amendments thereto, may only be modified pursuant toK.S.A. 2009 Supp.38-2321, and amendments thereto.
(e) Any time after a court has committed a juvenile offender to a juvenilecorrectionalfacility, the court may, upon motion by the commissioner, modify the sentenceand enter any othersentence if the court determines that:
(1) The medical condition of the juvenile justifies a reduction in sentence;or
(2) the juvenile's exceptional adjustment and habilitation merit a reductionin sentence.
History: L. 2006, ch. 169, § 67; Jan. 1, 2007.