STATE STATUTES & CODES
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KANSAS STATUTES AND CODES
38-2332. Prohibiting placement or detention of juvenile in jail; exceptions; review of records and determination of compliance by juvenile justice authority.
38-2332
38-2332. Prohibiting placement or detention ofjuvenile in jail; exceptions; review of records and determination of complianceby juvenile justice authority.(a) No juvenile shall be detained or placed in any jailpursuant to the revisedKansas juvenile justice code except as provided by subsections (b), (c) and(d).
(b) Upon being taken into custody, a juvenile may be detainedtemporarily in a jail, in quarterswith sight and sound separation from adult prisoners, for the purpose ofidentifying andprocessing the juvenile and transferring the juvenile to a youth residentialfacility or juveniledetention facility. If a juvenile is detained in jail under this subsection,the juvenile shall bedetained only for the minimum time necessary, not to exceed six hours, and inno case overnight.
(c) The provisions of this section shall not apply to detention of ajuvenile:
(1) (A) Against whom a motion has been filed requesting prosecution as anadult pursuant tosubsection (a)(2) ofK.S.A. 2009 Supp.38-2347, and amendments thereto; and (B)who has received the benefitof a detentionhearing pursuant toK.S.A. 2009 Supp.38-2331, and amendments thereto;
(2) whose prosecution as an adult or classification as an extendedjurisdiction juvenile has beenauthorized pursuant toK.S.A. 2009 Supp.38-2347, and amendments thereto; or
(3) who has been convicted previously as an adult under the code of criminalprocedure or thecriminal laws of another state or foreign jurisdiction.
(d) The provisions of this section shall not apply to the detention of anyperson 18 years of ageor more who is taken into custody and is being prosecuted in accordance withthe provisions ofthe revised Kansas juvenile justice code.
(e) The Kansas juvenile justice authority or the authority's contractor shallhave authority toreview jail records to determine compliance with the provisions of thissection.
History: L. 2006, ch. 169, § 32; Jan. 1, 2007.