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38-2364. Extended jurisdiction juvenile prosecution; violating conditions of stayed juvenile sentence; hearing. (a) If an extended jurisdiction juvenile prosecution results in a guilty plea or finding of guilt, the court shall:

(1) Impose one or more juvenile sentences under K.S.A. 38-2361, and amendments thereto; and

(2) impose an adult criminal sentence, the execution of which shall be stayed on the condition that the juvenile offender substantially comply with the provisions of the juvenile sentence and not commit a new offense.

(b) When it appears that a person sentenced as an extended jurisdiction juvenile has violated one or more conditions of the juvenile sentence or is alleged to have committed a new offense, the court, shall notify the juvenile offender and such juvenile offender's attorney of record, in writing by personal service, as provided in K.S.A. 60-303, and amendments thereto, or certified mail, return receipt requested, of the reasons alleged to exist for revocation of the stay of execution of the adult sentence. The court shall hold a hearing on the issue at which the juvenile offender is entitled to be heard and represented by counsel. After the hearing, if the court finds by a preponderance of the evidence that the juvenile committed a new offense or violated one or more conditions of the juvenile's sentence, the court shall revoke the juvenile sentence and order the imposition of the adult sentence previously ordered pursuant to subsection (a)(2) or, upon agreement of the county or district attorney and the juvenile offender's attorney of record, the court may modify the adult sentence previously ordered pursuant to subsection (a)(2). Upon such finding, the juvenile's extended jurisdiction status is terminated, and juvenile court jurisdiction is terminated. The ongoing jurisdiction for any adult sanction, other than the commitment to the department of corrections, is with the adult court. The juvenile offender shall be credited for time served in a juvenile correctional or detention facility on the juvenile sentence as service on any authorized adult sanction.

(c) Upon becoming 18 years of age, any juvenile who has been sentenced pursuant to subsection (a) and is serving the juvenile sentence, may move for a court hearing to review the sentence. If the sentence is continued, the court shall set a date of further review in no later than 36 months.

History: L. 2006, ch. 169, § 64; L. 2010, ch. 163, § 1; L. 2011, ch. 30, § 169; L. 2016, ch. 46, § 43; July 1.

Source or Prior Law:

38-16,126.

CASE ANNOTATIONS

1. Cited in dissenting opinion where majority of court held juveniles have constitutional right to jury trials. In re L.M., 286 Kan. 460, 485, 186 P.3d 164 (2008).

2. Cited; K.S.A. 21-4603d (f)(1) does not authorize consecutive sentences for an adult conviction and a juvenile adjudication under juvenile justice code. State v. Sims, 40 Kan. App. 2d 119, 121, 190 P.3d 271 (2008).

3. Court is required to impose the adult sentence when juvenile violates conditions of juvenile sentence under K.S.A. 38-2364. In re E.F., 41 Kan. App. 2d 860, 205 P.3d 787 (2009).

4. A juvenile who completes the juvenile incarceration and is granted conditional release may be ordered to serve the adult sentence if the juvenile violates the provisions of the conditional release. In re A.M.M.-H., 49 Kan. App. 2d 647, 312 P.3d 393 (2013).

5. District judge retains discretion to determine if violation warrants revocation of the stay of adult sentence in addition to juvenile sentence. In re A.M.M.-H., 300 Kan. 532, 540, 331 P.3d 755 (2014).

6. Criminal conviction not required to justify revocation of juvenile sentence; revocation may be based on other misconduct that does not result in criminal charges or conviction. In re E.J.D., 301 Kan. 790, 795, 348 P.3d 512 (2015).


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