2006 Kansas Code - 38-16,126

      38-16,126.   Extended jurisdiction juvenile prosecution; violating conditions of stayed juvenile sentence; hearing. On and after January 1, 1998:

      (a)   If an extended jurisdiction juvenile prosecution results in a guilty plea or finding of guilt, the court shall:

      (1)   Impose one or more juvenile sentences under K.S.A. 38-1663, and amendments thereto; and

      (2)   impose an adult criminal sentence, the execution of which shall be stayed on the condition that the juvenile offender not violate the provisions of the juvenile sentence and not commit a new offense.

      (b)   When it appears that a person convicted as an extended jurisdiction juvenile has violated the conditions of the juvenile sentence or is alleged to have committed a new offense, the court, without notice, may revoke the stay and probation and direct that the juvenile offender be taken into immediate custody and deliver to the secretary of corrections pursuant to K.S.A. 21-4621, and amendments thereto. The court shall notify the juvenile offender and such juvenile offender's attorney of record, in writing by personal service, as provided in K.S.A. 60-303, and amendments thereto, or certified mail, return receipt requested, of the reasons alleged to exist for revocation of the stay of execution of the adult sentence. If the juvenile offender challenges the reasons, the court shall hold a hearing on the issue at which the juvenile offender is entitled to be heard and represented by counsel. After the hearing, if the court finds by substantial evidence that the juvenile has violated the conditions of the juvenile sentence, the court shall revoke the juvenile sentence and order the imposition of the adult sentence previously ordered pursuant to subsection (a)(2). Upon such finding, the juvenile's extended jurisdiction status is terminated, and juvenile court jurisdiction is terminated. The ongoing jurisdiction for any adult sanction, other than the commitment to the department of corrections, is with the adult court. Such juvenile offender shall be credited for time served in a juvenile correctional or detention facility on the juvenile sentence as service on any authorized adult sanction.

      (c)   Any juvenile who has been sentenced pursuant to subsection (a) and is serving the juvenile sentence, upon becoming 18 years of age, such juvenile is allowed a court hearing to review such juvenile sentence. If such juvenile sentence is continued, the court shall set a date of further review in no later than 36 months.

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

      History:   L. 1996, ch. 229, § 8; L. 1997, ch. 156, § 79; July 1.