US Laws, Codes, Statutes & Cases

      38-1624.   Juvenile taken into custody, when; procedure; release. (a) By a law enforcement officer. A law enforcement officer may take an alleged juvenile offender into custody when:

      (1)   Any offense has been or is being committed by the juvenile in the officer's view;

      (2)   the officer has a warrant commanding that the juvenile be taken into custody;

      (3)   the officer has probable cause to believe that a warrant or order commanding that the juvenile be taken into custody has been issued in this state or in another jurisdiction for an act committed therein;

      (4)   the officer has probable cause to believe that the juvenile is committing or has committed an act which, if committed by an adult, would constitute:

      (A)   A felony; or

      (B)   a misdemeanor and (i) the juvenile will not be apprehended or evidence of the offense will be irretrievably lost unless the juvenile is immediately taken into custody or (ii) the juvenile may cause injury to self or others or damage to property or may be injured unless immediately taken into custody; or

      (5)   the officer has probable cause to believe that the juvenile has violated an order for electronic monitoring as a term of probation.

      (b)   By a court services officer or juvenile community corrections officer. A court services officer or juvenile community corrections officer may take a juvenile into custody when there is a warrant commanding that the juvenile be taken into custody, when the officer has probable cause to believe that a warrant or order commanding that the juvenile be taken into custody has been issued in this state or in another jurisdiction for an act committed therein or when there is probable cause to believe that the juvenile has violated an order for electronic monitoring as a term of probation. Any court services officer or juvenile community correction officer may arrest a juvenile without a warrant or may deputize any other officer with power of arrest to arrest a juvenile without a warrant by giving the officer a written statement setting forth that the juvenile, in the judgment of the court services officer or juvenile community correction officer, has violated the condition of the juvenile's release. The written statement delivered with the juvenile by the arresting officer to the official in charge of a juvenile detention facility or other place of detention shall be sufficient warrant for the detention of the juvenile.

      (c)   Procedure. (1) When any law enforcement officer takes an alleged juvenile offender into custody, the juvenile shall be taken without unnecessary delay to an intake and assessment worker if an intake and assessment program exists in the jurisdiction, or before the court for proceedings in accordance with this code or, if the court is not open for the regular conduct of business, to a court services officer, a juvenile intake and assessment worker, a juvenile detention facility or youth residential facility which the court or the commissioner shall have designated. The officer shall not take the juvenile to a juvenile detention facility unless the juvenile meets one or more of the criteria listed in K.S.A. 38-1640, and amendments thereto. Even if the juvenile meets one or more of such criteria, the officer shall first consider whether taking the juvenile to an available nonsecure facility is more appropriate.

      (2)   It shall be the duty of the officer to furnish the county or district attorney or the juvenile intake and assessment worker if the officer has delivered such juvenile to the worker, with all of the information in the possession of the officer pertaining to the juvenile; the juvenile's parents, or other persons interested in or likely to be interested in the juvenile; and all other facts and circumstances which caused the juvenile to be arrested or taken into custody.

      (3) (A)   When the juvenile is less than 14 years of age, no in-custody or arrest admission or confession resulting from interrogation may be admitted into evidence unless the confession or admission was made following a consultation between the juvenile and the juvenile's parents, guardian or attorney as to whether the juvenile will waive such juvenile's right to an attorney and right against self-incrimination. It shall be the duty of the facility where the juvenile has been delivered to make a reasonable effort to contact the parent or guardian immediately upon such juvenile's arrival unless such parent or guardian is the alleged victim or alleged codefendant of the crime under investigation.

      (B)   When a parent or guardian is the alleged victim or alleged codefendant of the crime under investigation and the juvenile is less than 14 years of age, no in-custody or arrest admission or confession may be admitted into evidence unless the confession or admission was made following a consultation between the juvenile and a parent or guardian who is not involved in the investigation of the crime, or an attorney as to whether the juvenile will waive such juvenile's right to an attorney and right against self-incrimination. It shall be the duty of the facility where the juvenile has been delivered to make reasonable effort to contact a parent or guardian who is not involved in the investigation of the crime immediately upon such juvenile's arrival.

      (d)   Release prior to detention hearing. In the absence of a court order to the contrary, the court or officials designated by the court, the county or district attorney or the law enforcement agency taking a juvenile into custody shall have the authority to direct the release of the juvenile prior to the time specified by subsection (a) of K.S.A. 38-1632 and amendments thereto. In addition, if an agreement is established pursuant to K.S.A. 38-1635, and amendments thereto, a juvenile intake and assessment worker shall have the authority to direct the release of a juvenile prior to a detention hearing after the completion of the intake and assessment process if the juvenile intake and assessment worker has reason to believe that if released the juvenile will appear for further proceedings and will not be dangerous to self or others.

      (e)   Person 18 or over taken into custody; detention and release. Whenever a person 18 years of age or more is taken into custody by a law enforcement officer for an alleged offense which was committed prior to the time the person reached the age of 18, the officer shall notify and refer the matter to the court for proceedings pursuant to this code, except that the provisions of this code relating to detention hearings shall not apply to that person. If detention is necessary, the person shall be detained in jail. Unless the law enforcement officer took the person into custody pursuant to a warrant issued by the court and the warrant specifies the amount of bond or indicates that the person may be released on personal recognizance, the person shall be taken before the court of the county where the alleged act took place or, at the request of the person, the person shall be taken, without delay, before the nearest court. The court shall fix the terms and conditions of an appearance bond upon which the person may be released from custody. The provisions of article 28 of chapter 22 of the Kansas Statutes Annotated and K.S.A. 22-2901 and amendments thereto relating to appearance bonds and review of conditions and release shall be applicable to appearance bonds provided for in this section.

      History:   L. 1982, ch. 182, § 78; L. 1983, ch. 140, § 37; L. 1984, ch. 157, § 6; L. 1986, ch. 156, § 2; L. 1986, ch. 162, § 3; L. 1986, ch. 163, § 1; L. 1993, ch. 291, § 275; L. 1996, ch. 229, § 61; L. 1996, ch. 229, § 62; L. 1998, ch. 187, § 4; L. 1999, ch. 156, § 13; May 27.