Kan. Admin. Regs. § 123-2-1 - Term of incarceration

Current through Register Vol. 40, No. 39, September 30, 2021

(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.

Notes

Kan. Admin. Regs. § 123-2-1
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.

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