US Laws, Codes, Statutes & Cases

      38-1676.   Release of juvenile offenders for acts committed before July 1, 1999; notice to county or district attorney, victim, local law enforcement agency and school district; hearings. (a) For acts committed before July 1, 1999, if a juvenile offender has committed an act which, if committed by a person 18 years of age or over, would constitute a class A or B felony, if the offense was committed before July 1, 1993, or an off-grid felony, a nondrug crime ranked at severity level 1, 2 or 3 or a drug crime ranked at severity level 1 or 2, if the offense was committed on or after July 1, 1993, and such juvenile offender is to be released, 45 days before release, the commissioner shall notify the county attorney or district attorney, the court, the local law enforcement agency, and the school district in which the juvenile offender will be residing if the juvenile is still required to attend a secondary school, of such pending release. The county attorney, district attorney or the court on its own motion may file a motion with the court for a hearing to determine if the juvenile offender should be retained in the custody of the commissioner, pursuant to K.S.A. 38-1675, and amendments thereto. The court shall fix a time and place for hearing and shall notify each party of the time and place.

      (b)   Following the hearing if the court orders for the commissioner to retain custody, the juvenile offender shall not be held in a juvenile correctional facility for longer than the maximum term of imprisonment which could be imposed upon an adult convicted of the offense or offenses which the juvenile offender has been adjudicated to have committed.

      (c)   As used in this section, "maximum term of imprisonment" means the greatest maximum sentence authorized by K.S.A. 21-4501 and amendments thereto, applying any enhanced penalty which would be applicable under K.S.A. 21-4504 and amendments thereto and computing terms as consecutive when required by K.S.A. 21-4608 and amendments thereto.

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

      History:   L. 1990, ch. 149, § 12; L. 1994, ch. 282, § 4; L. 1996, ch. 229, § 91; L. 1997, ch. 156, § 72; L. 2000, ch. 150, § 29; June 1.