STATE STATUTES & CODES
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KANSAS STATUTES AND CODES
38-2377. Notification of pending release; hearing; maximum term of imprisonment.
38-2377
38-2377. Notification of pending release; hearing;maximum term of imprisonment.(a) The commissioner shall notify the county or districtattorney, the court,the local law enforcement agency and the school district in which the juvenileoffender will beresiding of such pending release at least 45 days before release if thejuvenile is still required toattend school, if the juvenile offender has committed an act prior to July 1,1999, which, ifcommitted by a person 18 years of age or over, would have constituted: (1) Aclass A or B felony,before July 1, 1993, or (2) an off-grid crime, a nondrug crime ranked atseverity level 1, 2, 3, 4 or5 or a drug crime ranked at severity level 1, 2 or 3, if the offense wascommitted on or after July 1,1993, and, if such juvenile is to be released. The county or district attorneyshall give written noticeat least 30 days prior to discharge of the juvenile offender pursuant toK.S.A. 2009 Supp.38-2379, and amendmentsthereto. The county attorney, district attorney or the court on its own motionmay file a motion withthe court for a hearing to determine if the juvenile offender should beretained in the custody of thecommissioner, pursuant toK.S.A. 2009 Supp.38-2376, and amendments thereto.The court shall fix a time and placefor hearing and shall notify each party of the time and place.
(b) Following the hearing if the court orders the commissioner to retaincustody, the juvenileoffender shall not be held in a juvenile correctional facility for longer thanthe maximum term ofimprisonment which could be imposed upon an adult convicted of the offense oroffenses which thejuvenile offender has been adjudicated to have committed.
(c) As used in this section, "maximum term of imprisonment" means thegreatest maximumsentence authorized by K.S.A. 21-4501, and amendments thereto, applying anyenhanced penaltywhich would be applicable under K.S.A. 21-4504, and amendments thereto, andcomputing terms asconsecutive when required by K.S.A. 21-4608, and amendments thereto.
History: L. 2006, ch. 169, § 77; Jan. 1, 2007.