2006 Kansas Code - 38-1661

      38-1661.   Presentencing; investigation, report and hearing; sentencing risk assessment tool. (a) (1) Prior to a sentencing hearing, the court shall request an investigation and report by a court services officer unless the court finds that adequate and current information is available from a previous investigation, report or other sources. Upon request of the prosecuting attorney or the attorney for the respondent, the court shall make available to the attorney the report of the investigation and shall allow the attorney a reasonable time to review the report before ordering the sentencing of the respondent.

      (2)   The judicial administrator shall designate a sentencing risk assessment tool to be used statewide. Such assessment tool shall be completed prior to sentencing and be used by the court in determining sentencing. The commissioner shall have access to completed sentencing risk assessment tools.

      (b)   The court may direct that the investigation include the circumstances of the offense; the attitude of the complainant, victim or the victim's family; and the record of juvenile offenses, the social history and the present condition of the respondent. Except where specifically prohibited by law, all local governmental public and private educational institutions and state agencies shall furnish to the officer conducting the predispositional investigation the records the officer requests. If ordered by the court, the predispositional investigation shall include a physical examination and mental examination of the respondent if sufficient reports are not already available to the investigating officer. Predispositional investigations shall contain other information prescribed by the court.

      (c)   At any time after the respondent has been adjudicated to be a juvenile offender and prior to sentencing, the judge, at the request of an interested party, shall hear additional evidence as to proposals for reasonable and appropriate sentencing of the case.

      History:   L. 1982, ch. 182, § 100; L. 1990, ch. 147, § 8; L. 1996, ch. 229, § 79; L. 1997, ch. 156, § 61; July 1.