38-2369.Sentencing juvenile offenders; placementmatrix; placements based on offense committed; aftercare term.(a) For the purpose of committing juvenile offendersto a juvenile correctional facility, the following placements shall be appliedby the judge in felonyor misdemeanor cases. If used,the court shallestablish a specific term of commitment as specified in this subsection, unlessthe judge conductsa departure hearing and finds substantial and compelling reasons to impose adeparture sentence asprovided inK.S.A. 2009 Supp.38-2371, and amendments thereto.
(1) Violent Offenders. (A) The violent offender I is defined as anoffender adjudicated as ajuvenile offender for an offense which, if committed by an adult, wouldconstitute an off-grid felony.Offenders in this category may be committed to a juvenile correctional facilityfor a minimum termof 60 months and up to a maximum term of the offender reaching the age of 22years, six months.The aftercare term for this offender is set at a minimum term of six months andup to a maximumterm of the offender reaching the age of 23 years.
(B) The violent offender II is defined as an offender adjudicated as ajuvenile offender foran offense which, if committed by an adult, would constitute a nondrug level 1,2 or 3 felony.Offenders in this category may be committed to a juvenile correctional facilityfor a minimum termof 24 months and up to a maximum term of the offender reaching the age 22years, six months. Theaftercare term for this offender is set at a minimum term of six months and upto a maximum termof the offender reaching the age of 23 years.
(2) Serious Offenders. (A) The serious offender I is defined as anoffender adjudicated asa juvenile offender for an offense which, if committed by an adult, wouldconstitute a nondrugseverity level 4, 5 or 6 person felony or a severity level 1 or 2 drug felony.Offenders in this categorymay be committed to a juvenile correctional facility for a minimum term of 18months and up to a maximum term of 36 months. The aftercare term for thisoffender is set at a minimum term of sixmonths and up to a maximum term of 24 months.
(B) The serious offender II is defined as an offender adjudicated as ajuvenile offender foran offense which, if committed by an adult, would constitute a nondrug severitylevel 7, 8, 9 or 10person felony with one prior felony adjudication. Offenders in this categorymay be committed toa juvenile correctional facility for a minimum term of nine months and up to amaximum term of 18months. The aftercare term for this offender is set at a minimum term of sixmonths and up to amaximum term of 24 months.
(3) Chronic Offenders. (A) The chronic offender I, chronic felonis defined as an offenderadjudicated as a juvenile offender for an offense which, if committed by anadult, would constitute:
(i) One present nonperson felony adjudication and two prior felonyadjudications; or
(ii) one present severity level 3 drug felony adjudication and two priorfelony adjudications.
Offenders in this category may be committed to a juvenile correctional facilityfor a minimumterm of six months and up to a maximum term of 18 months. The aftercare termfor this offender isset at a minimum term of six months and up to a maximum term of 12 months.
(B) The chronic offender II, escalating felon is defined as an offenderadjudicated as ajuvenile offender for an offense which, if committed by an adult, wouldconstitute:
(i) One present felony adjudication and either two prior misdemeanoradjudications or oneprior person or nonperson felony adjudication;
(ii) one present felony adjudication and two prior severity level 4 drugadjudications;
(iii) one present severity level 3 drug felony adjudication and either twoprior misdemeanoradjudications or one prior person or nonperson felony adjudication; or
(iv) one present severity level 3 drug felony adjudication and two priorseverity level 4 drugadjudications.
Offenders in this category may be committed to a juvenile correctional facilityfor a minimumterm of six months and up to a maximum term of 18 months. The aftercare termfor this offender isset at a minimum term of six months and up to a maximum term of 12 months.
(C) The chronic offender III, escalating misdemeanant is defined as anoffender adjudicatedas a juvenile offender for an offense which, if committed by an adult, wouldconstitute:
(i) One present misdemeanor adjudication and either two prior misdemeanoradjudicationsor one prior person or nonperson felony adjudication and two placementfailures;
(ii) one present misdemeanor adjudication and two prior severity level 4 drugfelonyadjudications and two placement failures;
(iii) one present severity level 4 drug felony adjudication and either twoprior misdemeanoradjudications or one prior person or nonperson felony adjudicationand two placement failures; or
(iv) one present severity level 4 drug felony adjudication and two priorseverity level 4 drugfelony adjudications and two placement failures.
Offenders in this category may be committed to a juvenile correctional facilityfor a minimumterm of three months and up to a maximum term of six months. The aftercare termfor this offenderis set at a minimum term of three months and up to a maximum term of sixmonths.
(4) Conditional Release Violators. Upon finding the juvenileviolated a requirement orrequirements of conditional release, the court may:
(A) Subject to the limitations in subsection (a) ofK.S.A. 2009 Supp.38-2366, and amendments thereto, commit the offender directly to a juvenilecorrectional facility for a minimum term of three monthsand up to a maximumterm of six months. The aftercare term for this offender shall be a minimum oftwo months and amaximum of six months, or the length of the aftercare originally ordered, whichever is longer.
(B) Enter one or more of the following orders:
(i) Recommend additional conditions be added to those of the existingconditional release.
(ii) Order the offender to serve a period of sanctions pursuant to subsection(f) ofK.S.A. 2009 Supp.38-2361, and amendments thereto.
(iii) Revoke or restrict the juvenile's driving privileges as described insubsection (c) ofK.S.A. 2009 Supp.38-2361, and amendments thereto.
(C) Discharge the offender from the custody of the commissioner, release thecommissioner from further responsibilities in the case and enter any otherappropriate orders.
(b) As used in this section: (1) "Placement failure" means a juvenileoffender in the custodyof the juvenile justice authority has significantly failed the terms ofconditional release or has beenplaced out-of-home in a community placement accredited by the commissioner andhas significantlyviolated the terms of that placement or violated the terms of probation.
(2) "Adjudication" includes out-of-state juvenile adjudications. Anout-of-state offense,which if committed by an adult would constitute the commission of a felony ormisdemeanor, shallbe classified as either a felony or a misdemeanor according to the adjudicatingjurisdiction. If anoffense which if committed by an adult would constitute the commission of afelony is a felony inanother state, it will be deemed a felony in Kansas. The state of Kansas shallclassify the offense,which if committed by an adult would constitute the commission of a felony ormisdemeanor, as person or nonperson. In designating such offense as person ornonperson, reference to comparableoffenses shall be made. If the state of Kansas does not have a comparableoffense, the out-of-stateadjudication shall be classified as a nonperson offense.
(c) All appropriate community placement options shall have been exhaustedbefore a chronicoffender III, escalating misdemeanant shall be placed in a juvenilecorrectional facility. A courtfinding shall be made acknowledging that appropriate community placementoptions have beenpursued and no such option is appropriate.
(d) The commissioner shall work with the community to provide on-goingsupport andincentives for the development of additional community placements to ensurethat the chronicoffender III, escalating misdemeanant sentencing category is not frequentlyutilized.
38-2369.Sentencing juvenile offenders; placementmatrix; placements based on offense committed; aftercare term.(a) For the purpose of committing juvenile offendersto a juvenile correctional facility, the following placements shall be appliedby the judge in felonyor misdemeanor cases. If used,the court shallestablish a specific term of commitment as specified in this subsection, unlessthe judge conductsa departure hearing and finds substantial and compelling reasons to impose adeparture sentence asprovided inK.S.A. 2009 Supp.38-2371, and amendments thereto.
(1) Violent Offenders. (A) The violent offender I is defined as anoffender adjudicated as ajuvenile offender for an offense which, if committed by an adult, wouldconstitute an off-grid felony.Offenders in this category may be committed to a juvenile correctional facilityfor a minimum termof 60 months and up to a maximum term of the offender reaching the age of 22years, six months.The aftercare term for this offender is set at a minimum term of six months andup to a maximumterm of the offender reaching the age of 23 years.
(B) The violent offender II is defined as an offender adjudicated as ajuvenile offender foran offense which, if committed by an adult, would constitute a nondrug level 1,2 or 3 felony.Offenders in this category may be committed to a juvenile correctional facilityfor a minimum termof 24 months and up to a maximum term of the offender reaching the age 22years, six months. Theaftercare term for this offender is set at a minimum term of six months and upto a maximum termof the offender reaching the age of 23 years.
(2) Serious Offenders. (A) The serious offender I is defined as anoffender adjudicated asa juvenile offender for an offense which, if committed by an adult, wouldconstitute a nondrugseverity level 4, 5 or 6 person felony or a severity level 1 or 2 drug felony.Offenders in this categorymay be committed to a juvenile correctional facility for a minimum term of 18months and up to a maximum term of 36 months. The aftercare term for thisoffender is set at a minimum term of sixmonths and up to a maximum term of 24 months.
(B) The serious offender II is defined as an offender adjudicated as ajuvenile offender foran offense which, if committed by an adult, would constitute a nondrug severitylevel 7, 8, 9 or 10person felony with one prior felony adjudication. Offenders in this categorymay be committed toa juvenile correctional facility for a minimum term of nine months and up to amaximum term of 18months. The aftercare term for this offender is set at a minimum term of sixmonths and up to amaximum term of 24 months.
(3) Chronic Offenders. (A) The chronic offender I, chronic felonis defined as an offenderadjudicated as a juvenile offender for an offense which, if committed by anadult, would constitute:
(i) One present nonperson felony adjudication and two prior felonyadjudications; or
(ii) one present severity level 3 drug felony adjudication and two priorfelony adjudications.
Offenders in this category may be committed to a juvenile correctional facilityfor a minimumterm of six months and up to a maximum term of 18 months. The aftercare termfor this offender isset at a minimum term of six months and up to a maximum term of 12 months.
(B) The chronic offender II, escalating felon is defined as an offenderadjudicated as ajuvenile offender for an offense which, if committed by an adult, wouldconstitute:
(i) One present felony adjudication and either two prior misdemeanoradjudications or oneprior person or nonperson felony adjudication;
(ii) one present felony adjudication and two prior severity level 4 drugadjudications;
(iii) one present severity level 3 drug felony adjudication and either twoprior misdemeanoradjudications or one prior person or nonperson felony adjudication; or
(iv) one present severity level 3 drug felony adjudication and two priorseverity level 4 drugadjudications.
Offenders in this category may be committed to a juvenile correctional facilityfor a minimumterm of six months and up to a maximum term of 18 months. The aftercare termfor this offender isset at a minimum term of six months and up to a maximum term of 12 months.
(C) The chronic offender III, escalating misdemeanant is defined as anoffender adjudicatedas a juvenile offender for an offense which, if committed by an adult, wouldconstitute:
(i) One present misdemeanor adjudication and either two prior misdemeanoradjudicationsor one prior person or nonperson felony adjudication and two placementfailures;
(ii) one present misdemeanor adjudication and two prior severity level 4 drugfelonyadjudications and two placement failures;
(iii) one present severity level 4 drug felony adjudication and either twoprior misdemeanoradjudications or one prior person or nonperson felony adjudicationand two placement failures; or
(iv) one present severity level 4 drug felony adjudication and two priorseverity level 4 drugfelony adjudications and two placement failures.
Offenders in this category may be committed to a juvenile correctional facilityfor a minimumterm of three months and up to a maximum term of six months. The aftercare termfor this offenderis set at a minimum term of three months and up to a maximum term of sixmonths.
(4) Conditional Release Violators. Upon finding the juvenileviolated a requirement orrequirements of conditional release, the court may:
(A) Subject to the limitations in subsection (a) ofK.S.A. 2009 Supp.38-2366, and amendments thereto, commit the offender directly to a juvenilecorrectional facility for a minimum term of three monthsand up to a maximumterm of six months. The aftercare term for this offender shall be a minimum oftwo months and amaximum of six months, or the length of the aftercare originally ordered, whichever is longer.
(B) Enter one or more of the following orders:
(i) Recommend additional conditions be added to those of the existingconditional release.
(ii) Order the offender to serve a period of sanctions pursuant to subsection(f) ofK.S.A. 2009 Supp.38-2361, and amendments thereto.
(iii) Revoke or restrict the juvenile's driving privileges as described insubsection (c) ofK.S.A. 2009 Supp.38-2361, and amendments thereto.
(C) Discharge the offender from the custody of the commissioner, release thecommissioner from further responsibilities in the case and enter any otherappropriate orders.
(b) As used in this section: (1) "Placement failure" means a juvenileoffender in the custodyof the juvenile justice authority has significantly failed the terms ofconditional release or has beenplaced out-of-home in a community placement accredited by the commissioner andhas significantlyviolated the terms of that placement or violated the terms of probation.
(2) "Adjudication" includes out-of-state juvenile adjudications. Anout-of-state offense,which if committed by an adult would constitute the commission of a felony ormisdemeanor, shallbe classified as either a felony or a misdemeanor according to the adjudicatingjurisdiction. If anoffense which if committed by an adult would constitute the commission of afelony is a felony inanother state, it will be deemed a felony in Kansas. The state of Kansas shallclassify the offense,which if committed by an adult would constitute the commission of a felony ormisdemeanor, as person or nonperson. In designating such offense as person ornonperson, reference to comparableoffenses shall be made. If the state of Kansas does not have a comparableoffense, the out-of-stateadjudication shall be classified as a nonperson offense.
(c) All appropriate community placement options shall have been exhaustedbefore a chronicoffender III, escalating misdemeanant shall be placed in a juvenilecorrectional facility. A courtfinding shall be made acknowledging that appropriate community placementoptions have beenpursued and no such option is appropriate.
(d) The commissioner shall work with the community to provide on-goingsupport andincentives for the development of additional community placements to ensurethat the chronicoffender III, escalating misdemeanant sentencing category is not frequentlyutilized.
38-2369.Sentencing juvenile offenders; placementmatrix; placements based on offense committed; aftercare term.(a) For the purpose of committing juvenile offendersto a juvenile correctional facility, the following placements shall be appliedby the judge in felonyor misdemeanor cases. If used,the court shallestablish a specific term of commitment as specified in this subsection, unlessthe judge conductsa departure hearing and finds substantial and compelling reasons to impose adeparture sentence asprovided inK.S.A. 2009 Supp.38-2371, and amendments thereto.
(1) Violent Offenders. (A) The violent offender I is defined as anoffender adjudicated as ajuvenile offender for an offense which, if committed by an adult, wouldconstitute an off-grid felony.Offenders in this category may be committed to a juvenile correctional facilityfor a minimum termof 60 months and up to a maximum term of the offender reaching the age of 22years, six months.The aftercare term for this offender is set at a minimum term of six months andup to a maximumterm of the offender reaching the age of 23 years.
(B) The violent offender II is defined as an offender adjudicated as ajuvenile offender foran offense which, if committed by an adult, would constitute a nondrug level 1,2 or 3 felony.Offenders in this category may be committed to a juvenile correctional facilityfor a minimum termof 24 months and up to a maximum term of the offender reaching the age 22years, six months. Theaftercare term for this offender is set at a minimum term of six months and upto a maximum termof the offender reaching the age of 23 years.
(2) Serious Offenders. (A) The serious offender I is defined as anoffender adjudicated asa juvenile offender for an offense which, if committed by an adult, wouldconstitute a nondrugseverity level 4, 5 or 6 person felony or a severity level 1 or 2 drug felony.Offenders in this categorymay be committed to a juvenile correctional facility for a minimum term of 18months and up to a maximum term of 36 months. The aftercare term for thisoffender is set at a minimum term of sixmonths and up to a maximum term of 24 months.
(B) The serious offender II is defined as an offender adjudicated as ajuvenile offender foran offense which, if committed by an adult, would constitute a nondrug severitylevel 7, 8, 9 or 10person felony with one prior felony adjudication. Offenders in this categorymay be committed toa juvenile correctional facility for a minimum term of nine months and up to amaximum term of 18months. The aftercare term for this offender is set at a minimum term of sixmonths and up to amaximum term of 24 months.
(3) Chronic Offenders. (A) The chronic offender I, chronic felonis defined as an offenderadjudicated as a juvenile offender for an offense which, if committed by anadult, would constitute:
(i) One present nonperson felony adjudication and two prior felonyadjudications; or
(ii) one present severity level 3 drug felony adjudication and two priorfelony adjudications.
Offenders in this category may be committed to a juvenile correctional facilityfor a minimumterm of six months and up to a maximum term of 18 months. The aftercare termfor this offender isset at a minimum term of six months and up to a maximum term of 12 months.
(B) The chronic offender II, escalating felon is defined as an offenderadjudicated as ajuvenile offender for an offense which, if committed by an adult, wouldconstitute:
(i) One present felony adjudication and either two prior misdemeanoradjudications or oneprior person or nonperson felony adjudication;
(ii) one present felony adjudication and two prior severity level 4 drugadjudications;
(iii) one present severity level 3 drug felony adjudication and either twoprior misdemeanoradjudications or one prior person or nonperson felony adjudication; or
(iv) one present severity level 3 drug felony adjudication and two priorseverity level 4 drugadjudications.
Offenders in this category may be committed to a juvenile correctional facilityfor a minimumterm of six months and up to a maximum term of 18 months. The aftercare termfor this offender isset at a minimum term of six months and up to a maximum term of 12 months.
(C) The chronic offender III, escalating misdemeanant is defined as anoffender adjudicatedas a juvenile offender for an offense which, if committed by an adult, wouldconstitute:
(i) One present misdemeanor adjudication and either two prior misdemeanoradjudicationsor one prior person or nonperson felony adjudication and two placementfailures;
(ii) one present misdemeanor adjudication and two prior severity level 4 drugfelonyadjudications and two placement failures;
(iii) one present severity level 4 drug felony adjudication and either twoprior misdemeanoradjudications or one prior person or nonperson felony adjudicationand two placement failures; or
(iv) one present severity level 4 drug felony adjudication and two priorseverity level 4 drugfelony adjudications and two placement failures.
Offenders in this category may be committed to a juvenile correctional facilityfor a minimumterm of three months and up to a maximum term of six months. The aftercare termfor this offenderis set at a minimum term of three months and up to a maximum term of sixmonths.
(4) Conditional Release Violators. Upon finding the juvenileviolated a requirement orrequirements of conditional release, the court may:
(A) Subject to the limitations in subsection (a) ofK.S.A. 2009 Supp.38-2366, and amendments thereto, commit the offender directly to a juvenilecorrectional facility for a minimum term of three monthsand up to a maximumterm of six months. The aftercare term for this offender shall be a minimum oftwo months and amaximum of six months, or the length of the aftercare originally ordered, whichever is longer.
(B) Enter one or more of the following orders:
(i) Recommend additional conditions be added to those of the existingconditional release.
(ii) Order the offender to serve a period of sanctions pursuant to subsection(f) ofK.S.A. 2009 Supp.38-2361, and amendments thereto.
(iii) Revoke or restrict the juvenile's driving privileges as described insubsection (c) ofK.S.A. 2009 Supp.38-2361, and amendments thereto.
(C) Discharge the offender from the custody of the commissioner, release thecommissioner from further responsibilities in the case and enter any otherappropriate orders.
(b) As used in this section: (1) "Placement failure" means a juvenileoffender in the custodyof the juvenile justice authority has significantly failed the terms ofconditional release or has beenplaced out-of-home in a community placement accredited by the commissioner andhas significantlyviolated the terms of that placement or violated the terms of probation.
(2) "Adjudication" includes out-of-state juvenile adjudications. Anout-of-state offense,which if committed by an adult would constitute the commission of a felony ormisdemeanor, shallbe classified as either a felony or a misdemeanor according to the adjudicatingjurisdiction. If anoffense which if committed by an adult would constitute the commission of afelony is a felony inanother state, it will be deemed a felony in Kansas. The state of Kansas shallclassify the offense,which if committed by an adult would constitute the commission of a felony ormisdemeanor, as person or nonperson. In designating such offense as person ornonperson, reference to comparableoffenses shall be made. If the state of Kansas does not have a comparableoffense, the out-of-stateadjudication shall be classified as a nonperson offense.
(c) All appropriate community placement options shall have been exhaustedbefore a chronicoffender III, escalating misdemeanant shall be placed in a juvenilecorrectional facility. A courtfinding shall be made acknowledging that appropriate community placementoptions have beenpursued and no such option is appropriate.
(d) The commissioner shall work with the community to provide on-goingsupport andincentives for the development of additional community placements to ensurethat the chronicoffender III, escalating misdemeanant sentencing category is not frequentlyutilized.
