38-2302.Definitions.As used in this code, unless the context otherwise requires:
(a) "Commissioner" means the commissioner of juvenile justice or thecommissioner's designee.
(b) "Conditional release" means release from a term of commitment in ajuvenile correctional facility for an aftercare term pursuant to K.S.A. 2009Supp. 38-2369, and amendments thereto, under conditions established by thecommissioner.
(c) "Court-appointed special advocate" means a responsible adult, other thanan attorney appointed pursuant toK.S.A. 2009 Supp.38-2306, and amendmentsthereto, who is appointed by the court to represent the best interests of achild, as provided inK.S.A. 2009 Supp.38-2307, and amendments thereto, in aproceeding pursuant to this code.
(d) "Educational institution" means all schools at the elementary andsecondary levels.
(e) "Educator" means any administrator, teacher or other professional orparaprofessional employee of an educational institution who has exposure to apupil specified in subsections (a)(1) through (5) of K.S.A. 72-89b03, andamendments thereto.
(f) "Institution" means the following institutions: the Atchison juvenilecorrectional facility, the Beloit juvenile correctional facility, the Larnedjuvenile correctional facility andthe Kansas juvenile correctional complex.
(g) "Investigator" means an employee of the juvenile justice authorityassigned by the commissioner with the responsibility for investigationsconcerning employees at the juvenile correctional facilities and juveniles inthe custody of the commissioner at a juvenile correctional facility.
(h) "Jail" means: (1) An adult jail or lockup; or
(2) a facility in the same building as an adult jail or lockup, unless thefacility meets all applicable licensure requirements under law and there is:(A) Total separation of the juvenile and adult facility spatial areas such thatthere could be no haphazard or accidental contact between juvenile and adultresidents in the respective facilities; (B) total separation in all juvenileand adult program activities within the facilities, including recreation,education, counseling, health care, dining, sleeping and general livingactivities; and (C) separate juvenile and adult staff, including management,security staff and direct care staff such as recreational, educational andcounseling.
(i) "Juvenile" means a person to whom one or more of the following applies,the person: (1) Is 10 or more years of age but less than 18 years of age; (2)is alleged to be a juvenile offender; or (3) has been adjudicated as a juvenileoffender and continues to be subject to the jurisdiction of the court.
(j) "Juvenile correctional facility" means a facility operated by thecommissioner for the commitment of juvenile offenders.
(k) "Juvenile corrections officer" means a certified employee of the juvenilejustice authority working at a juvenile correctional facility assigned by thecommissioner with responsibility for maintaining custody, security and controlof juveniles in the custody of the commissioner at ajuvenile correctional facility.
(l) "Juvenile detention facility" means a public or private facility licensedpursuant to article 5 of chapter 65 of the Kansas Statutes Annotated, andamendments thereto, which is used for the lawful custody of alleged oradjudicated juvenile offenders.
(m) "Juvenile intake and assessment worker" means a responsible adultauthorized to perform intake and assessment services as part of the intake andassessment system established pursuant to K.S.A. 75-7023, and amendmentsthereto.
(n) "Juvenile offender" means a person who commits an offense while 10 ormore years of age but less than 18 years of age which if committed by an adultwould constitute the commission of a felony or misdemeanor as defined by K.S.A.21-3105, and amendments thereto, or who violates the provisions of K.S.A.21-4204a or 41-727 or subsection (j) of K.S.A. 74-8810, and amendments thereto,but does not include: (1) A person 14 or more years of age who commits atraffic offense, as defined in subsection (d) of K.S.A. 8-2117, and amendmentsthereto;
(2) a person 16 years of age or over who commits an offense defined inchapter 32 of the Kansas Statutes Annotated, and amendments thereto;
(3) a person under 18 years of age who previously has been:
(A) Convicted as an adult under the Kansas criminal code;
(B) sentenced as an adult under the Kansas criminal code followingtermination of status as an extended jurisdiction juvenile pursuant to K.S.A.2009 Supp. 38-2364, and amendments thereto; or
(C) convicted or sentenced as an adult in another state or foreignjurisdiction under substantially similar procedures described in K.S.A. 2009Supp. 38-2347, and amendments thereto, or because of attaining the age ofmajority designated in that state or jurisdiction.
(o) "Law enforcement officer" means any person who by virtue of that person'soffice or public employment is vested by law with a duty to maintain publicorder or to make arrests for crimes, whether that duty extends to all crimes oris limited to specific crimes.
(p) "Parent" when used in relation to a juvenile, includes a guardian andevery person who is, by law, liable to maintain, care for or support thejuvenile.
(q) "Risk assessment tool" means an instrument administered to juvenileswhich delivers a score, or group of scores, describing, but not limited todescribing, the juvenile's potential risk to the community.
(r) "Sanctions house" means a facility which is operated or structured soas to ensure that all entrances and exits from the facility are under theexclusive control of the staff of the facility, whether or not the person beingdetained has freedom of movement within the perimeters of the facility, orwhich relies on locked rooms and buildings, fences or physical restraint inorder to control the behavior of its residents. Upon an order from the court, alicensed juvenile detention facility may serve as a sanctions house.
(s) "Warrant" means a written order by a judge of the court directed to anylaw enforcement officer commanding the officer to take into custody thejuvenile named or described therein.
(t) "Youth residential facility" means any home, foster home or structurewhich provides 24-hour-a-day care for juveniles and which is licensed pursuantto article 5 of chapter 65 or article 70 of chapter 75 of the Kansas StatutesAnnotated, and amendments thereto.
History: L. 2006, ch. 169, § 2;L. 2008, ch. 101, § 1; May 1.
38-2302.Definitions.As used in this code, unless the context otherwise requires:
(a) "Commissioner" means the commissioner of juvenile justice or thecommissioner's designee.
(b) "Conditional release" means release from a term of commitment in ajuvenile correctional facility for an aftercare term pursuant to K.S.A. 2009Supp. 38-2369, and amendments thereto, under conditions established by thecommissioner.
(c) "Court-appointed special advocate" means a responsible adult, other thanan attorney appointed pursuant toK.S.A. 2009 Supp.38-2306, and amendmentsthereto, who is appointed by the court to represent the best interests of achild, as provided inK.S.A. 2009 Supp.38-2307, and amendments thereto, in aproceeding pursuant to this code.
(d) "Educational institution" means all schools at the elementary andsecondary levels.
(e) "Educator" means any administrator, teacher or other professional orparaprofessional employee of an educational institution who has exposure to apupil specified in subsections (a)(1) through (5) of K.S.A. 72-89b03, andamendments thereto.
(f) "Institution" means the following institutions: the Atchison juvenilecorrectional facility, the Beloit juvenile correctional facility, the Larnedjuvenile correctional facility andthe Kansas juvenile correctional complex.
(g) "Investigator" means an employee of the juvenile justice authorityassigned by the commissioner with the responsibility for investigationsconcerning employees at the juvenile correctional facilities and juveniles inthe custody of the commissioner at a juvenile correctional facility.
(h) "Jail" means: (1) An adult jail or lockup; or
(2) a facility in the same building as an adult jail or lockup, unless thefacility meets all applicable licensure requirements under law and there is:(A) Total separation of the juvenile and adult facility spatial areas such thatthere could be no haphazard or accidental contact between juvenile and adultresidents in the respective facilities; (B) total separation in all juvenileand adult program activities within the facilities, including recreation,education, counseling, health care, dining, sleeping and general livingactivities; and (C) separate juvenile and adult staff, including management,security staff and direct care staff such as recreational, educational andcounseling.
(i) "Juvenile" means a person to whom one or more of the following applies,the person: (1) Is 10 or more years of age but less than 18 years of age; (2)is alleged to be a juvenile offender; or (3) has been adjudicated as a juvenileoffender and continues to be subject to the jurisdiction of the court.
(j) "Juvenile correctional facility" means a facility operated by thecommissioner for the commitment of juvenile offenders.
(k) "Juvenile corrections officer" means a certified employee of the juvenilejustice authority working at a juvenile correctional facility assigned by thecommissioner with responsibility for maintaining custody, security and controlof juveniles in the custody of the commissioner at ajuvenile correctional facility.
(l) "Juvenile detention facility" means a public or private facility licensedpursuant to article 5 of chapter 65 of the Kansas Statutes Annotated, andamendments thereto, which is used for the lawful custody of alleged oradjudicated juvenile offenders.
(m) "Juvenile intake and assessment worker" means a responsible adultauthorized to perform intake and assessment services as part of the intake andassessment system established pursuant to K.S.A. 75-7023, and amendmentsthereto.
(n) "Juvenile offender" means a person who commits an offense while 10 ormore years of age but less than 18 years of age which if committed by an adultwould constitute the commission of a felony or misdemeanor as defined by K.S.A.21-3105, and amendments thereto, or who violates the provisions of K.S.A.21-4204a or 41-727 or subsection (j) of K.S.A. 74-8810, and amendments thereto,but does not include: (1) A person 14 or more years of age who commits atraffic offense, as defined in subsection (d) of K.S.A. 8-2117, and amendmentsthereto;
(2) a person 16 years of age or over who commits an offense defined inchapter 32 of the Kansas Statutes Annotated, and amendments thereto;
(3) a person under 18 years of age who previously has been:
(A) Convicted as an adult under the Kansas criminal code;
(B) sentenced as an adult under the Kansas criminal code followingtermination of status as an extended jurisdiction juvenile pursuant to K.S.A.2009 Supp. 38-2364, and amendments thereto; or
(C) convicted or sentenced as an adult in another state or foreignjurisdiction under substantially similar procedures described in K.S.A. 2009Supp. 38-2347, and amendments thereto, or because of attaining the age ofmajority designated in that state or jurisdiction.
(o) "Law enforcement officer" means any person who by virtue of that person'soffice or public employment is vested by law with a duty to maintain publicorder or to make arrests for crimes, whether that duty extends to all crimes oris limited to specific crimes.
(p) "Parent" when used in relation to a juvenile, includes a guardian andevery person who is, by law, liable to maintain, care for or support thejuvenile.
(q) "Risk assessment tool" means an instrument administered to juvenileswhich delivers a score, or group of scores, describing, but not limited todescribing, the juvenile's potential risk to the community.
(r) "Sanctions house" means a facility which is operated or structured soas to ensure that all entrances and exits from the facility are under theexclusive control of the staff of the facility, whether or not the person beingdetained has freedom of movement within the perimeters of the facility, orwhich relies on locked rooms and buildings, fences or physical restraint inorder to control the behavior of its residents. Upon an order from the court, alicensed juvenile detention facility may serve as a sanctions house.
(s) "Warrant" means a written order by a judge of the court directed to anylaw enforcement officer commanding the officer to take into custody thejuvenile named or described therein.
(t) "Youth residential facility" means any home, foster home or structurewhich provides 24-hour-a-day care for juveniles and which is licensed pursuantto article 5 of chapter 65 or article 70 of chapter 75 of the Kansas StatutesAnnotated, and amendments thereto.
History: L. 2006, ch. 169, § 2;L. 2008, ch. 101, § 1; May 1.
38-2302.Definitions.As used in this code, unless the context otherwise requires:
(a) "Commissioner" means the commissioner of juvenile justice or thecommissioner's designee.
(b) "Conditional release" means release from a term of commitment in ajuvenile correctional facility for an aftercare term pursuant to K.S.A. 2009Supp. 38-2369, and amendments thereto, under conditions established by thecommissioner.
(c) "Court-appointed special advocate" means a responsible adult, other thanan attorney appointed pursuant toK.S.A. 2009 Supp.38-2306, and amendmentsthereto, who is appointed by the court to represent the best interests of achild, as provided inK.S.A. 2009 Supp.38-2307, and amendments thereto, in aproceeding pursuant to this code.
(d) "Educational institution" means all schools at the elementary andsecondary levels.
(e) "Educator" means any administrator, teacher or other professional orparaprofessional employee of an educational institution who has exposure to apupil specified in subsections (a)(1) through (5) of K.S.A. 72-89b03, andamendments thereto.
(f) "Institution" means the following institutions: the Atchison juvenilecorrectional facility, the Beloit juvenile correctional facility, the Larnedjuvenile correctional facility andthe Kansas juvenile correctional complex.
(g) "Investigator" means an employee of the juvenile justice authorityassigned by the commissioner with the responsibility for investigationsconcerning employees at the juvenile correctional facilities and juveniles inthe custody of the commissioner at a juvenile correctional facility.
(h) "Jail" means: (1) An adult jail or lockup; or
(2) a facility in the same building as an adult jail or lockup, unless thefacility meets all applicable licensure requirements under law and there is:(A) Total separation of the juvenile and adult facility spatial areas such thatthere could be no haphazard or accidental contact between juvenile and adultresidents in the respective facilities; (B) total separation in all juvenileand adult program activities within the facilities, including recreation,education, counseling, health care, dining, sleeping and general livingactivities; and (C) separate juvenile and adult staff, including management,security staff and direct care staff such as recreational, educational andcounseling.
(i) "Juvenile" means a person to whom one or more of the following applies,the person: (1) Is 10 or more years of age but less than 18 years of age; (2)is alleged to be a juvenile offender; or (3) has been adjudicated as a juvenileoffender and continues to be subject to the jurisdiction of the court.
(j) "Juvenile correctional facility" means a facility operated by thecommissioner for the commitment of juvenile offenders.
(k) "Juvenile corrections officer" means a certified employee of the juvenilejustice authority working at a juvenile correctional facility assigned by thecommissioner with responsibility for maintaining custody, security and controlof juveniles in the custody of the commissioner at ajuvenile correctional facility.
(l) "Juvenile detention facility" means a public or private facility licensedpursuant to article 5 of chapter 65 of the Kansas Statutes Annotated, andamendments thereto, which is used for the lawful custody of alleged oradjudicated juvenile offenders.
(m) "Juvenile intake and assessment worker" means a responsible adultauthorized to perform intake and assessment services as part of the intake andassessment system established pursuant to K.S.A. 75-7023, and amendmentsthereto.
(n) "Juvenile offender" means a person who commits an offense while 10 ormore years of age but less than 18 years of age which if committed by an adultwould constitute the commission of a felony or misdemeanor as defined by K.S.A.21-3105, and amendments thereto, or who violates the provisions of K.S.A.21-4204a or 41-727 or subsection (j) of K.S.A. 74-8810, and amendments thereto,but does not include: (1) A person 14 or more years of age who commits atraffic offense, as defined in subsection (d) of K.S.A. 8-2117, and amendmentsthereto;
(2) a person 16 years of age or over who commits an offense defined inchapter 32 of the Kansas Statutes Annotated, and amendments thereto;
(3) a person under 18 years of age who previously has been:
(A) Convicted as an adult under the Kansas criminal code;
(B) sentenced as an adult under the Kansas criminal code followingtermination of status as an extended jurisdiction juvenile pursuant to K.S.A.2009 Supp. 38-2364, and amendments thereto; or
(C) convicted or sentenced as an adult in another state or foreignjurisdiction under substantially similar procedures described in K.S.A. 2009Supp. 38-2347, and amendments thereto, or because of attaining the age ofmajority designated in that state or jurisdiction.
(o) "Law enforcement officer" means any person who by virtue of that person'soffice or public employment is vested by law with a duty to maintain publicorder or to make arrests for crimes, whether that duty extends to all crimes oris limited to specific crimes.
(p) "Parent" when used in relation to a juvenile, includes a guardian andevery person who is, by law, liable to maintain, care for or support thejuvenile.
(q) "Risk assessment tool" means an instrument administered to juvenileswhich delivers a score, or group of scores, describing, but not limited todescribing, the juvenile's potential risk to the community.
(r) "Sanctions house" means a facility which is operated or structured soas to ensure that all entrances and exits from the facility are under theexclusive control of the staff of the facility, whether or not the person beingdetained has freedom of movement within the perimeters of the facility, orwhich relies on locked rooms and buildings, fences or physical restraint inorder to control the behavior of its residents. Upon an order from the court, alicensed juvenile detention facility may serve as a sanctions house.
(s) "Warrant" means a written order by a judge of the court directed to anylaw enforcement officer commanding the officer to take into custody thejuvenile named or described therein.
(t) "Youth residential facility" means any home, foster home or structurewhich provides 24-hour-a-day care for juveniles and which is licensed pursuantto article 5 of chapter 65 or article 70 of chapter 75 of the Kansas StatutesAnnotated, and amendments thereto.
History: L. 2006, ch. 169, § 2;L. 2008, ch. 101, § 1; May 1.
