JUVENILE RULE - NO. 11
Extended Jurisdiction Juvenile Proceedings
1. Initiation of Extended Jurisdiction Juvenile
(i) "Extended jurisdiction juvenile" is a child who has been given a stayed
adult criminal sentence, and for whom jurisdiction of the juvenile court may continue
until the child's twenty-third (23rd) birthday.
(ii) "Extended jurisdiction juvenile proceeding" includes the process
to determine whether a child should be prosecuted as an extended jurisdiction juvenile.
(iii) "Extended jurisdiction juvenile prosecution" includes the trial,
sentencing, and subsequent proceedings after the determination that a child should
be prosecuted as an extended jurisdiction juvenile.
- Designation by District Attorney. The motion to designate the proceedings as an
extended jurisdiction juvenile proceeding may be withdrawn by the District Attorney
at any time before jeopardy attaches.
2. Hearings on Extended Jurisdiction Juvenile
- Timing. The extended jurisdiction juvenile proceeding hearing shall be held within
sixty (60) days of the filing of the extended jurisdiction juvenile proceeding motion.
Only if good cause is shown by the District Attorney or the child may the court
extend the time for a hearing for another thirty (30) days. Unless the child waives
the right to the scheduling of the hearing within the specified time limits, if
the hearing is not commenced within sixty (60) days, or within the extended period
ordered pursuant to this subdivision, the motion shall be denied.
- Initial appearance in extended jurisdiction juvenile proceeding. At the first appearance,
the court shall:
(i) verify the name, age, and residence of the child who is the subject of the matter;
(ii) determine whether all necessary persons are present, and identify those persons
for the record;
(iii) appoint counsel if not previously appointed;
(iv) determine whether notice requirements have been met and if not whether the
affected persons waive notice;
(v) schedule further hearing including a pre-hearing conference if requested; and
(vi) order studies if appropriate.
(i) The District Attorney shall present probable cause evidence at the hearing that
the Respondent committed the offense charged.
(ii) If the court sustains the motion to designate the proceeding as an extended
jurisdiction juvenile proceeding the court shall then determine whether probable
cause exists to believe the Respondent committed the offense and if a probable cause
finding is made the court shall arraign the Respondent.
(iii) The trial shall be scheduled pursuant to K.S.A. 22-3402.
- Decision, Timing, Content of Order. Within fifteen (15) days of the hearing the
court shall enter an order, with findings of fact and conclusions of law.
- Delay. For good cause, the court may extend the time period to file its order for
an additional fifteen (15) days. If the order is not filed within fifteen (15) days,
or within the extended period ordered by the court pursuant to this subdivision,
the motion is denied.
- Jury Trial. The trial shall be to the court unless a jury trial is requested in
writing by the Respondent not later than seven (7) days after the entry of the order
sustaining the motion for extended jurisdiction juvenile prosecution. Time computations
and extensions of time shall be governed by K.S.A. 60-206.
- Place of Trial. Jury trials under this section shall be in the same juvenile court
division assigned to the case.
- Method of Trial. The method of trial including the number of jurors, determination
of questions of law and issues of fact, presence of the Respondent, time to prepare
for trial, issues of selection and qualifications of jurors, and trial and post-trial
procedures shall be in accordance with the Kansas Code of Criminal Procedure, K.S.A.
- Commencement of Proceedings. All motions for revocation shall be verified or supported
by an affidavit showing probable cause to believe that the probationer has violated
any of the provisions of the juvenile sentence order or committed a new offense.
The affidavit or motion shall include a description of the surrounding facts and
circumstances upon which the request for revocation is based. The court may issue
a summons instead of a warrant whenever it is satisfied that a warrant is unnecessary
to secure the appearance of the probationer. If the probationer fails to appear
in response to a summons, a warrant may be issued.
- Record of Findings. A verbatim record shall be made of the proceedings at the revocation
hearing and in any contested hearing the court shall make findings of fact on all
disputed issues including a summary of the evidence relied upon and a statement
of the court's reasons for its determination.