38-2377. Notification of pending release; hearing; maximum term of imprisonment.

276 words·~1 min read·/ks/chapter-38/38-2377

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)The secretary shall notify the county or district attorney, the court, the local law enforcement agency and the school district in which the juvenile offender will be residing of such pending release at least 45 days before release if the juvenile is still required to attend school, if the juvenile offender has committed an act prior to July 1, 1999, which, if committed by a person 18 years of age or over, would have constituted:

(1)A class A or B felony, before July 1, 1993; or

(2)an off-grid crime, a nondrug crime ranked at severity level 1, 2, 3, 4 or 5 or a drug crime ranked at severity level 1, 2 or 3, if the offense was committed on or after July 1, 1993, and, if such juvenile is to be released. The county or district attorney shall give written notice at least 30 days prior to discharge of the juvenile offender pursuant to K.S.A. 38-2379 , and amendments thereto. The county attorney, district attorney or the court on its own motion may file a motion with the court for a hearing to determine if the juvenile offender should be placed on conditional release if not previously ordered by the court, subject to the overall case length limit. The court shall fix a time and place for hearing and shall notify each party of the time and place.

(b)Following the hearing, if the court orders a period of conditional release, the juvenile offender shall not be supervised for longer than six months of conditional release and the overall case length limit.