US Laws, Codes, Statutes & Cases

      38-1691.   Prohibiting placement or detainment of juvenile in jail; exceptions; review of records and determination of compliance by juvenile justice authority. (a) On and after January 1, 1993, no juvenile shall be detained or placed in any jail pursuant to the Kansas juvenile justice code except as provided by subsections (b), (c) and (d).

      (b)   Upon being taken into custody, an alleged juvenile offender may be detained temporarily in a jail, in quarters with sight and sound separation from adult prisoners, for the purpose of identifying and processing the juvenile and transferring the juvenile to a youth residential facility or juvenile detention facility. If a juvenile is detained in jail under this subsection, the juvenile shall be detained only for the minimum time necessary, not to exceed six hours, and in no case overnight.

      (c)   The provisions of this section shall not apply to detention of a juvenile:

      (1) (A)   Against whom a motion has been filed requesting prosecution as an adult pursuant to K.S.A. 38-1636, and amendments thereto; and (B) who has received the benefit of a detention hearing pursuant to K.S.A. 38-1640, and amendments thereto;

      (2)   whose prosecution as an adult or classification as an extended jurisdiction juvenile has been authorized pursuant to K.S.A. 38-1636, and amendments thereto; or

      (3)   who has been convicted previously as an adult under the code of criminal procedure or the criminal laws of another state or foreign jurisdiction.

      (d)   The provisions of this section shall not apply to the detention of any person 18 years of age or more who is taken into custody and is being prosecuted in accordance with the provisions of the Kansas juvenile justice code.

      (e)   The Kansas juvenile justice authority or the authority's contractor shall have authority to review jail records to determine compliance with the provisions of this section.

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

      History:   L. 1990, ch. 150, § 7; L. 1996, ch. 229, § 95; L. 1997, ch. 156, § 75; L. 1998, ch. 187, § 10; L. 2000, ch. 150, § 30; June 1.