Kan. Admin. Regs. § 123-2-1
Term of incarceration.
Effective Jan 23, 1998Authorized by K.S.A. 1996 Supp. 75-7024, as amended by 1997 House Substitute for SB 69, § 99; implementing K.S.A. 1995 Supp. 38-1673, as amended by L. 1996, Ch. 229, § 88, as amended by 1997 House Substitute for SB 69, § 67 and K.S.A. 1995 Supp. 38-1675, as amended by L. 1996, Ch. 229, § 90, as amended by 1997 House Substitute for SB 69, § 70Department of Corrections—Division of Juvenile Services
- (a) "Term of incarceration," as used in Sections 67 and 70 of 1997 House Substitute for SB 69, is the length of detention that a juvenile offender shall serve in a juvenile correctional facility for offenses committed before midnight of June 30, 1999.
- (b) The length of detention shall be based upon the severity level of the most serious offense for which the juvenile offender is committed to a juvenile correctional facility.
- (c) A juvenile offender who has committed an offense that would constitute an off-grid crime, if committed by an adult, shall be detained in a juvenile correctional facility until the juvenile offender is 23 years of age.
- (d) A juvenile offender who has committed an offense that would constitute a person felony, severity level 1, 2, or 3, if committed by an adult, shall be detained in a juvenile correctional facility for a minimum of 12 months.
- (e) A juvenile offender who has committed an offense that would constitute a person felony, severity level 4, 5 or 6, or a drug felony, severity level 1 or 2, if committed by an adult, shall be detained in a juvenile correctional facility for a minimum of nine months.
- (f) A juvenile who is prosecuted as an adult pursuant to K.S.A. 38-1636, as amended, and who is convicted may serve a period of detention at a juvenile correctional facility until the juvenile is 16 years old, at which time the juvenile may be transferred to the Kansas department of corrections.
- (g) A juvenile offender who has committed any other offense, including any violation of a conditional release, shall be detained in a juvenile correctional facility for a minimum of two months.
- (h) Any exception to the minimum term of incarceration shall be approved in writing by the commissioner of juvenile justice.
- (i) This regulation shall expire at midnight on June 30, 1999.
(Authorized by K.S.A. 1996 Supp. 75-7024, as amended by 1997 House Substitute for SB 69, § 99; implementing K.S.A. 1995 Supp. 38-1673, as amended by L. 1996, Ch. 229, § 88, as amended by 1997 House Substitute for SB 69, § 67 and K.S.A. 1995 Supp. 38-1675, as amended by L. 1996, Ch. 229, § 90, as amended by 1997 House Substitute for SB 69, § 70; effective, T-123-7-1-97, July 1, 1997; effective Jan. 23, 1998.)