US Laws, Codes, Statutes & Cases

      38-1671.   Commitment to juvenile correctional facility; duties at time of commitment; transfers. (a) Actions by the court. (1) When a juvenile offender has been committed to a juvenile correctional facility, the clerk of the court shall forthwith notify the commissioner of the commitment and provide the commissioner with a certified copy of the complaint, the journal entry of the trial and the sentence. The court shall also forward those items from the social file which could relate to a rehabilitative program. If the court wishes to recommend placement of the juvenile offender in a specific juvenile correctional facility, the recommendation shall be included in the sentence. After the court has received notice of the juvenile correctional facility designated as provided in subsection (b), it shall be the duty of the court or the sheriff of the county to deliver the juvenile offender to the facility at the time designated by the commissioner.

      (2)   When a juvenile offender is residing in a juvenile correctional facility and is required to go back to court for any reason, the county demanding the juvenile's presence shall be responsible for transportation, detention, custody and control of such offender. In these cases, the county sheriff shall be responsible for all transportation, detention, custody and control of such offender.

      (b)   Actions by the commissioner. (1) After receiving notice of commitment as provided in subsection (a), the commissioner shall give the committing court notice designating the juvenile correctional facility to which the juvenile offender is to be admitted and the date of the admission.

      (2)   Except as provided by K.S.A. 38-1691, and amendments thereto, the commissioner may make any temporary out-of-home placement the commissioner deems appropriate pending placement of the juvenile offender in a juvenile correctional facility, and the commissioner shall notify the court, local law enforcement agency and school district in which the juvenile will be residing if the juvenile is still required to attend a secondary school of that placement.

      (c)   Transfers. During the time a juvenile offender remains committed to a juvenile correctional facility, the commissioner may transfer the juvenile offender from one juvenile correctional facility to another.

      History:   L. 1982, ch. 182, § 107; L. 1990, ch. 150, § 9; L. 1994, ch. 282, § 1; L. 1996, ch. 229, § 86; L. 1997, ch. 156, § 66; July 1.