38-2367 Modification of sentence.
38-2367. Modification of sentence. (a) At any time after the entry of an order of custody or placement of a juvenile offender, the court, upon the court’s own motion or the motion of the secretary of corrections or parent or any party, may modify the sentence imposed. Upon receipt of the motion, the court shall […]
38-2368 Violation of condition of probation or placement.
38-2368. Violation of condition of probation or placement. If it is alleged that a juvenile offender has violated a condition of probation or of a court-ordered placement, the county or district attorney, the current custodian of the juvenile offender, or the victim of the offense committed by the offender may file a report with the […]
38-2369 Sentencing juvenile offenders; placement matrix; placements based on offense committed; aftercare term.
38-2369. Sentencing juvenile offenders; placement matrix; placements based on offense committed; aftercare term. (a) Except as provided in subsection (e) and K.S.A. 38-2361(a)(13), for the purpose of committing juvenile offenders to a juvenile correctional facility, upon a finding by the judge entered into the written order that the juvenile poses a significant risk of harm […]
38-2370 Good time credits; rules and regulations.
38-2370. Good time credits; rules and regulations. (a) For purposes of determining release of a juvenile offender, a system shall be developed whereby good behavior is the expected norm and negative behavior will be punished. (b) The commissioner shall adopt rules and regulations to carry out the provisions of this section regarding good time calculations. […]
38-2371 Departure sentences; hearing; order; findings of fact; limitations.
38-2371. Departure sentences; hearing; order; findings of fact; limitations. (a) (1) Whenever a person is adjudicated as a juvenile offender and sentenced to a juvenile correctional facility as a violent offender pursuant to K.S.A. 38-2369(a)(1), and amendments thereto, the court upon motion of the state, shall hold a hearing to consider imposition of a departure […]
38-2356 Adjudication.
38-2356. Adjudication. (a) If the court finds that the evidence fails to prove an offense charged or a lesser included offense as defined in subsection (b) of K.S.A. 2021 Supp. 21-5109, and amendments thereto, the court shall enter an order dismissing the charge. (b) If the court finds that the juvenile committed the offense charged […]
38-2357 Jury trials in certain cases.
38-2357. Jury trials in certain cases. (a) Method of trial. A juvenile is entitled to a trial by one of the following means: (1) The trial of a felony or misdemeanor case shall be to the court unless the juvenile requests a jury trial in writing within 30 days from the date of the juvenile’s […]
38-2342 Issuance of warrants.
38-2342. Issuance of warrants. The court may issue a warrant commanding the juvenile be taken into custody if there is probable cause to believe: (a) That an offense was committed and it was committed by the juvenile; (b) the juvenile violated probation, conditional release, or conditions of release from detention for a third or subsequent […]
38-2358 Recorded statement of child victim admissible in certain cases; limitations.
38-2358. Recorded statement of child victim admissible in certain cases; limitations. (a) In any proceeding pursuant to the code in which a child less than 13 years of age is alleged to be a victim of the offense, a recording of an oral statement of the child, made before the proceeding began, is admissible in […]
38-2343 Detention hearing; waiver; notice; attorney for juvenile; procedure; removal from custody of parent; audio-video communications; detention review hearing.
38-2343. Detention hearing; waiver; notice; attorney for juvenile; procedure; removal from custody of parent; audio-video communications; detention review hearing. (a) Basis for extended detention; findings and placement. Whenever a juvenile is taken into custody, the juvenile shall not remain in detention for more than 48 hours, excluding Saturdays, Sundays, legal holidays, and days on which […]