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 diversion decision is at the discretion of the prosecutor or the Court Intake Officer (JPO).
In Kansas, court proceedings commence when a complaint or information is filed, upon which jurisdiction is presumed, and a summons or warrant may be issued by the court. When the juvenile is detained, a hearing will occur within 48 hours (excluding weekends/court holidays) or if not detained, within 30 days. Local court rules and agreements can be written with the county or district prosecutor (DA) to establish procedures for ‘immediate intervention’ to divert juveniles from prosecution. Unless court rules are established that indicate otherwise, the local DA may establish policy guidelines for ‘immediate intervention program’ to divert prosecution. The DA may require parents to be part of the immediate intervention program, Allegations that are felonious, off-grid, 2nd DUI’s, or a DUI that involved an injury or death are excluded from diversions, and juveniles with prior participation in ‘immediate intervention programs’ are ineligible from diversion programs. The court, DA, and director of the court-established Intake and Assessment center (JPO) may develop additional court-sanctioned procedures and programs to refer to youth court, restorative justice centers, etc. Procedures may permit law enforcement or JPO to summon people to court to answer to charges and initiate court action. JPO may direct release of juveniles prior to the detention hearing.
Statute permits that 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. The DA may designate misdemeanor-level allegations for ‘alternative adjudication’ as a diversion from placement and judges may depart from the sentencing matrix.
No statutory time limit/s for diversion exist.
In Kansas, time limits are not specified in statute and local rules vary.
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