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      38-1640.   Criteria for detention of juvenile in detention facility. (a) Except as provided in subsection (b), the following are criteria for determining whether to place a juvenile in a juvenile detention facility pursuant to subsection (c) of K.S.A. 38-1624 or subsection (e) of K.S.A. 38-1632, and amendments thereto:

      (1)   There is oral or written verification that the juvenile is a fugitive sought for an offense in another jurisdiction or that the juvenile is currently an escapee from a juvenile detention facility.

      (2)   The juvenile is alleged to have committed an offense which if committed by an adult would constitute a class A, B or C felony if committed prior to July 1, 1993, or would constitute an off-grid felony, a nondrug severity level 1, 2, 3, 4, 5, 6 or 7 felony or drug level 1, 2 or 3 felony if committed on or after July 1, 1993, or would constitute a crime described in article 35 of chapter 21 of the Kansas Statutes Annotated.

      (3)   The juvenile is awaiting court action on another offense which if committed by an adult would constitute a felony.

      (4)   The juvenile has a record of failure to appear in court or there is probable cause to believe that the juvenile will flee the jurisdiction of the court.

      (5)   The juvenile has a history of violent behavior toward others.

      (6)   The juvenile exhibited seriously assaultive or destructive behavior at the time of being taken into custody and continued such behavior after taken into custody.

      (7)   The juvenile exhibited self-destructive behavior at the time of being taken into custody and continued such behavior after taken into custody.

      (8)   The juvenile has a record of adjudication or conviction of one or more offenses which if committed by an adult would constitute felonies.

      (9)   The juvenile is a juvenile offender who has been expelled from placement in a nonsecure facility as a result of the current alleged offense.

      (10)   The juvenile has been arrested by any court services officer or juvenile community correction officer pursuant to subsection (b) of K.S.A. 38-1624 and amendments thereto.

      (b)   No person 18 years of age or more shall be placed in a juvenile detention center.

      (c)   This section shall be part of and supplemental to the Kansas juvenile justice code.

      History:   L. 1986, ch. 162, § 2; L. 1996, ch. 185, § 4; L. 1997, ch. 156, § 59; L. 1998, ch. 187, § 6; L. 1999, ch. 156, § 15; May 27.