Purpose clauses, 2016
Due process era
Balanced and Restorative Justice (BARJ)
Kansas’ goals and policies of the juvenile justice code align with BARJ, as its primary goals are: to promote public safety; to hold juvenile offenders accountable for their behavior and improve their ability to live more productively and responsibly in the community; and to design juvenile justice policies for accountability. The clause mentions that the ultimate solutions to juvenile crime lie in strengthening families and educational institutions, involving the community, and implementing effective prevention and early intervention programs. Collaboration among local, state, federal governmental agencies and public/private partnerships is also encouraged in the clause.
KS ST §38-2301
Intake and diversion, 2016
Initial intake and court diversion decision is at the discretion of the prosecutor or the juvenile court intake officer.
In Kansas, local court rules and agreements are permitted by statute, and procedures for juvenile intake and assessment systems are to be provided by administrative order, so procedures may vary.
“Immediate intervention programs” are developed upon agreement of the court, DA, and director of the designated intake and assessment center to develop court-sanctioned procedures and programs that can take direct referrals from law enforcement, the DA, or JPO for diversion to youth court, victim-centered restorative justice centers, etc. Allegations that are felonious, off-grid, 2nd DUI’s, or a DUI that involved an injury or death are excluded, and juveniles with prior participation in ‘immediate intervention programs’ are ineligible from diversion programs. When a complaint or information is filed, or an indictment returned, jurisdiction is presumed, and a summons or warrant may be issued by the court. When a juvenile is detained, a hearing must occur within 48 hours (excluding weekends/court holidays).
Otherwise, the DA designates misdemeanor-level allegations for ‘alternative adjudication,’ when not seeking placement in accordance with the (sentencing) matrix. Once the child (attorney) stipulates to the facts forming the basis of the charge, an informal agreement can be developed. Conditions require consent of the juvenile, juvenile’s attorney, and DA, and can include that if the juvenile fails to successfully complete terms and conditions, the stipulation remains on the record. Parental participation may be required. If the agreement is not successfully completed, the matter may go before the judge. Court actions must formally start when the county/district attorney (DA) files a verified complaint with the court. Once a petition is filed, judges may depart from the sentencing matrix. Note that statutes effective in 2017 make changes that require more system collaboration, add flexibility at times, and establish time limits.
No statutory time limit/s for court diversions exist.
In Kansas, time limits are not specified in statute, though some diversions will be limited to 8 months, effective in 2017, and overall case length limits may apply.
Courtroom shackling, 2015
No statewide restriction
In Kansas, the juvenile code (of statutes) includes provisions for youth “incompetent for adjudication as a juvenile offender”, which aligns with the Dusky standard. Juveniles found incompetent must be committed for further evaluation and treatment for up to 90 days, when the Chief Medical Officer of the institution must certify whether the youth is likely to attain competency. Treatment can continue (if likely to attain competency) for up to 6 months. If competency is not attained in that time period, the court will order either the county or district attorney to commence proceedings for Mentally Ill Persons, Sexually Violent Predators, and/or Persons with Alcohol or Substance Abuse Problem as necessary.
No juvenile standard
Juvenile standard is the adult standard
Juvenile justice standard exists
JJ standard includes developmental immaturity
Sex offender registration, 2015