38-2330.Juvenile taken into custody, when;procedure; release; detention in jail.(a) A law enforcement officer may take a juvenile intocustody when:
(1) Any offense has been or is being committed in the officer's view;
(2) the officer has a warrant commanding that the juvenile be taken intocustody;
(3) the officer has probable cause to believe that a warrant or ordercommanding that thejuvenile be taken into custody has been issued in this state or in anotherjurisdiction for an actcommitted therein;
(4) the officer has probable cause to believe that the juvenile is committingor has committed anact which, if committed by an adult, would constitute:
(A) A felony; or
(B) a misdemeanor and: (i) The juvenile will not be apprehended or evidenceof the offense willbe irretrievably lost unless the juvenile is immediately taken into custody; or(ii) the juvenile maycause injury to self or others or damage to property or may be injured unlessimmediately takeninto custody;
(5) the officer has probable cause to believe that the juvenile has violatedan order for electronicmonitoring as a term of probation; or
(6) the officer receives a written statement pursuant to subsection (c).
(b) A court services officer, juvenile community corrections officer orother person authorizedto supervise juveniles subject to this code, may take a juvenile into custodywhen: (1) There is awarrant commanding that the juvenile be taken into custody; (2) the officer hasprobable cause tobelieve that a warrant or order commanding that the juvenile be taken intocustody has beenissued in this state or in another jurisdiction for an act committed therein;or (3) there is probablecause to believe that the juvenile has violated a term of probation orplacement.
(c) Any court services officer, juvenile community corrections officeror other personauthorized to supervise juveniles subject to this code, may arrest a juvenilewithout a warrant ormay request any other officer with power of arrest to arrest a juvenilewithout a warrant bygiving the officer a written statement setting forth that the juvenile, in thejudgment of the courtservices officer, juvenile community corrections officer or other personauthorized to supervise juveniles subject to this code, has violated thecondition of thejuvenile's release. The written statement delivered with the juvenile by thearresting officer to theofficial in charge of a juvenile detention facility or other place of detentionshall be sufficientwarrant for the detention of the juvenile.
(d) (1) A juvenile taken into custody by a law enforcement officershall be brought withoutunnecessary delay to an intake and assessment worker if an intake andassessment program existsin the jurisdiction, or before the court for proceedings in accordance withthis code or, if the courtis not open for the regular conduct of business, to a court services officer, ajuvenile intake andassessment worker, a juvenile detention facility or youth residential facilitywhich the court or thecommissioner shall have designated. The officer shall not take the juvenile toa juveniledetention facility unless the juvenile meets one or more of the criteria listedin subsection (b) ofK.S.A. 2009 Supp.38-2331, and amendments thereto. If thejuvenile meets one or more of such criteria, the officer shall first considerwhether taking the juvenile to an available nonsecure facility is moreappropriate.
(2) It shall be the duty of the officer to furnish the county or districtattorney and the juvenileintake and assessment worker if the officer has delivered the juvenile to theworker, with all ofthe information in the officer's possession pertaining to the juvenile, thejuvenile's parent orother persons interested in or likely to be interested in the juvenile and allother facts andcircumstances which caused the juvenile to be arrested or taken into custody.
(e) In the absence of a court order to the contrary, the court orofficials designated by the court,the county or district attorney or the law enforcement agency taking a juvenileinto custody shallhave the authority to direct the release prior to the time specified bysubsection (a) ofK.S.A. 2009 Supp.38-2343,and amendments thereto. In addition, if an agreement is established pursuant toK.S.A. 2009 Supp.38-2346, andamendments thereto, a juvenile intake and assessment worker shall have theauthority to directthe release of a juvenile prior to a detention hearing after the completion ofthe intake andassessment process if the juvenile intake and assessment worker has reason tobelieve that ifreleased the juvenile will appear for further proceedings and will not bedangerous to self orothers.
(f) Whenever a person 18 years of age or more is taken into custody by a lawenforcementofficer for an alleged offense which was committed prior to the time the personreached the ageof 18, the officer shall notify and refer the matter to the court forproceedings pursuant to thiscode, except that the provisions of this code relating to detention hearingsshall not apply to thatperson. If detention is necessary, the person shall be detained in jail. Unlessthe law enforcementofficer took the person into custody pursuant to a warrant issued by the courtand the warrantspecifies the amount of bond or indicates that the person may be released onpersonalrecognizance, the person shall be taken before the court of the county wherethe alleged act tookplace or, at the request of the person, the person shall be taken, withoutdelay, before the nearestcourt. The court shall fix the terms and conditions of an appearance bond uponwhich the personmay be released from custody. The provisions of article 28 of chapter 22 of theKansas StatutesAnnotated and K.S.A. 22-2901, and amendments thereto, relating to appearancebonds and reviewof conditions and release shall be applicable to appearance bonds provided forin this section.
38-2330.Juvenile taken into custody, when;procedure; release; detention in jail.(a) A law enforcement officer may take a juvenile intocustody when:
(1) Any offense has been or is being committed in the officer's view;
(2) the officer has a warrant commanding that the juvenile be taken intocustody;
(3) the officer has probable cause to believe that a warrant or ordercommanding that thejuvenile be taken into custody has been issued in this state or in anotherjurisdiction for an actcommitted therein;
(4) the officer has probable cause to believe that the juvenile is committingor has committed anact which, if committed by an adult, would constitute:
(A) A felony; or
(B) a misdemeanor and: (i) The juvenile will not be apprehended or evidenceof the offense willbe irretrievably lost unless the juvenile is immediately taken into custody; or(ii) the juvenile maycause injury to self or others or damage to property or may be injured unlessimmediately takeninto custody;
(5) the officer has probable cause to believe that the juvenile has violatedan order for electronicmonitoring as a term of probation; or
(6) the officer receives a written statement pursuant to subsection (c).
(b) A court services officer, juvenile community corrections officer orother person authorizedto supervise juveniles subject to this code, may take a juvenile into custodywhen: (1) There is awarrant commanding that the juvenile be taken into custody; (2) the officer hasprobable cause tobelieve that a warrant or order commanding that the juvenile be taken intocustody has beenissued in this state or in another jurisdiction for an act committed therein;or (3) there is probablecause to believe that the juvenile has violated a term of probation orplacement.
(c) Any court services officer, juvenile community corrections officeror other personauthorized to supervise juveniles subject to this code, may arrest a juvenilewithout a warrant ormay request any other officer with power of arrest to arrest a juvenilewithout a warrant bygiving the officer a written statement setting forth that the juvenile, in thejudgment of the courtservices officer, juvenile community corrections officer or other personauthorized to supervise juveniles subject to this code, has violated thecondition of thejuvenile's release. The written statement delivered with the juvenile by thearresting officer to theofficial in charge of a juvenile detention facility or other place of detentionshall be sufficientwarrant for the detention of the juvenile.
(d) (1) A juvenile taken into custody by a law enforcement officershall be brought withoutunnecessary delay to an intake and assessment worker if an intake andassessment program existsin the jurisdiction, or before the court for proceedings in accordance withthis code or, if the courtis not open for the regular conduct of business, to a court services officer, ajuvenile intake andassessment worker, a juvenile detention facility or youth residential facilitywhich the court or thecommissioner shall have designated. The officer shall not take the juvenile toa juveniledetention facility unless the juvenile meets one or more of the criteria listedin subsection (b) ofK.S.A. 2009 Supp.38-2331, and amendments thereto. If thejuvenile meets one or more of such criteria, the officer shall first considerwhether taking the juvenile to an available nonsecure facility is moreappropriate.
(2) It shall be the duty of the officer to furnish the county or districtattorney and the juvenileintake and assessment worker if the officer has delivered the juvenile to theworker, with all ofthe information in the officer's possession pertaining to the juvenile, thejuvenile's parent orother persons interested in or likely to be interested in the juvenile and allother facts andcircumstances which caused the juvenile to be arrested or taken into custody.
(e) In the absence of a court order to the contrary, the court orofficials designated by the court,the county or district attorney or the law enforcement agency taking a juvenileinto custody shallhave the authority to direct the release prior to the time specified bysubsection (a) ofK.S.A. 2009 Supp.38-2343,and amendments thereto. In addition, if an agreement is established pursuant toK.S.A. 2009 Supp.38-2346, andamendments thereto, a juvenile intake and assessment worker shall have theauthority to directthe release of a juvenile prior to a detention hearing after the completion ofthe intake andassessment process if the juvenile intake and assessment worker has reason tobelieve that ifreleased the juvenile will appear for further proceedings and will not bedangerous to self orothers.
(f) Whenever a person 18 years of age or more is taken into custody by a lawenforcementofficer for an alleged offense which was committed prior to the time the personreached the ageof 18, the officer shall notify and refer the matter to the court forproceedings pursuant to thiscode, except that the provisions of this code relating to detention hearingsshall not apply to thatperson. If detention is necessary, the person shall be detained in jail. Unlessthe law enforcementofficer took the person into custody pursuant to a warrant issued by the courtand the warrantspecifies the amount of bond or indicates that the person may be released onpersonalrecognizance, the person shall be taken before the court of the county wherethe alleged act tookplace or, at the request of the person, the person shall be taken, withoutdelay, before the nearestcourt. The court shall fix the terms and conditions of an appearance bond uponwhich the personmay be released from custody. The provisions of article 28 of chapter 22 of theKansas StatutesAnnotated and K.S.A. 22-2901, and amendments thereto, relating to appearancebonds and reviewof conditions and release shall be applicable to appearance bonds provided forin this section.
38-2330.Juvenile taken into custody, when;procedure; release; detention in jail.(a) A law enforcement officer may take a juvenile intocustody when:
(1) Any offense has been or is being committed in the officer's view;
(2) the officer has a warrant commanding that the juvenile be taken intocustody;
(3) the officer has probable cause to believe that a warrant or ordercommanding that thejuvenile be taken into custody has been issued in this state or in anotherjurisdiction for an actcommitted therein;
(4) the officer has probable cause to believe that the juvenile is committingor has committed anact which, if committed by an adult, would constitute:
(A) A felony; or
(B) a misdemeanor and: (i) The juvenile will not be apprehended or evidenceof the offense willbe irretrievably lost unless the juvenile is immediately taken into custody; or(ii) the juvenile maycause injury to self or others or damage to property or may be injured unlessimmediately takeninto custody;
(5) the officer has probable cause to believe that the juvenile has violatedan order for electronicmonitoring as a term of probation; or
(6) the officer receives a written statement pursuant to subsection (c).
(b) A court services officer, juvenile community corrections officer orother person authorizedto supervise juveniles subject to this code, may take a juvenile into custodywhen: (1) There is awarrant commanding that the juvenile be taken into custody; (2) the officer hasprobable cause tobelieve that a warrant or order commanding that the juvenile be taken intocustody has beenissued in this state or in another jurisdiction for an act committed therein;or (3) there is probablecause to believe that the juvenile has violated a term of probation orplacement.
(c) Any court services officer, juvenile community corrections officeror other personauthorized to supervise juveniles subject to this code, may arrest a juvenilewithout a warrant ormay request any other officer with power of arrest to arrest a juvenilewithout a warrant bygiving the officer a written statement setting forth that the juvenile, in thejudgment of the courtservices officer, juvenile community corrections officer or other personauthorized to supervise juveniles subject to this code, has violated thecondition of thejuvenile's release. The written statement delivered with the juvenile by thearresting officer to theofficial in charge of a juvenile detention facility or other place of detentionshall be sufficientwarrant for the detention of the juvenile.
(d) (1) A juvenile taken into custody by a law enforcement officershall be brought withoutunnecessary delay to an intake and assessment worker if an intake andassessment program existsin the jurisdiction, or before the court for proceedings in accordance withthis code or, if the courtis not open for the regular conduct of business, to a court services officer, ajuvenile intake andassessment worker, a juvenile detention facility or youth residential facilitywhich the court or thecommissioner shall have designated. The officer shall not take the juvenile toa juveniledetention facility unless the juvenile meets one or more of the criteria listedin subsection (b) ofK.S.A. 2009 Supp.38-2331, and amendments thereto. If thejuvenile meets one or more of such criteria, the officer shall first considerwhether taking the juvenile to an available nonsecure facility is moreappropriate.
(2) It shall be the duty of the officer to furnish the county or districtattorney and the juvenileintake and assessment worker if the officer has delivered the juvenile to theworker, with all ofthe information in the officer's possession pertaining to the juvenile, thejuvenile's parent orother persons interested in or likely to be interested in the juvenile and allother facts andcircumstances which caused the juvenile to be arrested or taken into custody.
(e) In the absence of a court order to the contrary, the court orofficials designated by the court,the county or district attorney or the law enforcement agency taking a juvenileinto custody shallhave the authority to direct the release prior to the time specified bysubsection (a) ofK.S.A. 2009 Supp.38-2343,and amendments thereto. In addition, if an agreement is established pursuant toK.S.A. 2009 Supp.38-2346, andamendments thereto, a juvenile intake and assessment worker shall have theauthority to directthe release of a juvenile prior to a detention hearing after the completion ofthe intake andassessment process if the juvenile intake and assessment worker has reason tobelieve that ifreleased the juvenile will appear for further proceedings and will not bedangerous to self orothers.
(f) Whenever a person 18 years of age or more is taken into custody by a lawenforcementofficer for an alleged offense which was committed prior to the time the personreached the ageof 18, the officer shall notify and refer the matter to the court forproceedings pursuant to thiscode, except that the provisions of this code relating to detention hearingsshall not apply to thatperson. If detention is necessary, the person shall be detained in jail. Unlessthe law enforcementofficer took the person into custody pursuant to a warrant issued by the courtand the warrantspecifies the amount of bond or indicates that the person may be released onpersonalrecognizance, the person shall be taken before the court of the county wherethe alleged act tookplace or, at the request of the person, the person shall be taken, withoutdelay, before the nearestcourt. The court shall fix the terms and conditions of an appearance bond uponwhich the personmay be released from custody. The provisions of article 28 of chapter 22 of theKansas StatutesAnnotated and K.S.A. 22-2901, and amendments thereto, relating to appearancebonds and reviewof conditions and release shall be applicable to appearance bonds provided forin this section.
