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.
Notes of Decisions
Cited in
20
cases (
2 in the last 5 years), 2007–2022 · leading case:
In Re A.m.m.-h., 331 P.3d 755 (Kan. 2014).
In Re A.m.m.-h., 331 P.3d 755 (Kan. 2014).
· cites it 7× “) K.S.A. 2013 Supp. 38-2364(a)(l)-(2). The juvenile sentences available to the district judge are listed in K.”
In re E.F., 205 P.3d 787 (Kan. Ct. App. 2009).
· cites it 8× “The proper interpretation of K.S.A. 2008 Supp. 38-2364 when the terms of a juvenile sentence have been violated is of statewide importance.”
State v. J.D.H., 294 P.3d 343 (Kan. Ct. App. 2013).
· cites it 25× “’s counsel argued that the automatic application of K.S.A. 2010 Supp. 38-2364. “abrogates [the district court’s] duties as a Judge and I don’t think that it’s Constitutional.”
In re E.J.D., 348 P.3d 512 (Kan. 2015).
· cites it 6× “38-2347 and K.S.A. 2014 Supp. 38-2364 provide for extended-jurisdiction juvenile prosecutions, which allow courts to impose a juvenile sentence and a concurrent adult criminal sentence, the execution of which is stayed on the condition that the offender does not violate the…”
State v. Jackson, 238 P.3d 246 (Kan. 2010).
· cites it 2× “” K.S.A. 2009 Supp. 38-2364(a) sets out proceedings under extended juvenile jurisdiction and provides that the sentence in an extended jurisdiction juvenile prosecution shall include both a juvenile sentence and an adult sentence, but the adult sentence “shall be stayed on the…”
In re J.P., 466 P.3d 454 (Kan. 2020).
· cites it 3× “" K.S.A. 2019 Supp. 38-2364(b); see K.S.A. 2019 Supp.”
In re L.M., 186 P.3d 164 (Kan. 2008).
“38-2347(f); K.S.A. 2006 Supp. 38-2364. Because a juvenile in an extended jurisdiction prosecution may end up in adult court with an adult sentence, die right to trial by jury is provided by statute.”
State v. Sims, 190 P.3d 271 (Kan. Ct. App. 2008).
· cites it 2× “The State attempts to avoid the reach of the Fischer decision by arguing that Sims was subject to the extended jurisdiction of the juvenile court under K.S.A. 2007 Supp. 38-2364 (formerly K.S.A.”
In Re A.m.m.-h., 312 P.3d 393 (Kan. Ct. App. 2013).
· cites it 11× “The procedures for an extended jurisdiction juvenile adjudication are set out in K.S.A. 2012 Supp. 38-2364. Extended jurisdiction juvenile prosecution became effective in 1997 and is a mechanism whereby serious or repeat juvenile offenders who might otherwise have been…”
State v. J.H., 197 P.3d 467 (Kan. Ct. App. 2007).
“38-16,126(b) (now K.S.A. 2007 Supp. 38-2364[b]) provides: “When it appears that a person convicted as an extended jurisdiction juvenile has violated the conditions of the juvenile sentence or is alleged to have committed a new offense, the court, without notice, may revoke the…”
A.D.T. v. State (Kan. Ct. App. 2020).
· cites it 25× “his juvenile sentence violated procedural due process of the Fourteenth Amendment to the United States Constitution; (4) counsel failed to argue that, as applied to this case, the imposition of a hard 25 life sentence violated substantive due process rights of the Fourteenth…”
In re J.S.P., 439 P.3d 344 (Kan. Ct. App. 2019).
· cites it 3× “appeals the revocation of his juvenile sentence and the imposition of his adult sentence under *842 K.S.A. 2015 Supp. 38-2364. His three *348 juvenile cases were consolidated for purposes of this appeal.”
— K.S.A. § 38-2364(2) — 1 case
State v. Sims, 190 P.3d 271 (Kan. Ct. App. 2008).
“The State attempts to avoid the reach of the Fischer decision by arguing that Sims was subject to the extended jurisdiction of the juvenile court under K.S.A. 2007 Supp. 38-2364 (formerly K.S.A.”
— K.S.A. § 38-2364(a) — 5 cases
State v. Jackson, 238 P.3d 246 (Kan. 2010).
“” K.S.A. 2009 Supp. 38-2364(a) sets out proceedings under extended juvenile jurisdiction and provides that the sentence in an extended jurisdiction juvenile prosecution shall include both a juvenile sentence and an adult sentence, but the adult sentence “shall be stayed on the…”
State v. J.D.H., 294 P.3d 343 (Kan. Ct. App. 2013).
“’s counsel argued that the automatic application of K.S.A. 2010 Supp. 38-2364. “abrogates [the district court’s] duties as a Judge and I don’t think that it’s Constitutional.”
A.D.T. v. State (Kan. Ct. App. 2020).
“his juvenile sentence violated procedural due process of the Fourteenth Amendment to the United States Constitution; (4) counsel failed to argue that, as applied to this case, the imposition of a hard 25 life sentence violated substantive due process rights of the Fourteenth…”
— K.S.A. § 38-2364(a)(1) — 2 cases
In Re A.m.m.-h., 312 P.3d 393 (Kan. Ct. App. 2013).
“The procedures for an extended jurisdiction juvenile adjudication are set out in K.S.A. 2012 Supp. 38-2364. Extended jurisdiction juvenile prosecution became effective in 1997 and is a mechanism whereby serious or repeat juvenile offenders who might otherwise have been…”
— K.S.A. § 38-2364(a)(2) — 5 cases
In re J.P., 466 P.3d 454 (Kan. 2020).
“" K.S.A. 2019 Supp. 38-2364(b); see K.S.A. 2019 Supp.”
In Re A.m.m.-h., 312 P.3d 393 (Kan. Ct. App. 2013).
“The procedures for an extended jurisdiction juvenile adjudication are set out in K.S.A. 2012 Supp. 38-2364. Extended jurisdiction juvenile prosecution became effective in 1997 and is a mechanism whereby serious or repeat juvenile offenders who might otherwise have been…”
A.D.T. v. State (Kan. Ct. App. 2020).
“his juvenile sentence violated procedural due process of the Fourteenth Amendment to the United States Constitution; (4) counsel failed to argue that, as applied to this case, the imposition of a hard 25 life sentence violated substantive due process rights of the Fourteenth…”
— K.S.A. § 38-2364(a)(l) — 1 case
In Re A.m.m.-h., 331 P.3d 755 (Kan. 2014).
“) K.S.A. 2013 Supp. 38-2364(a)(l)-(2). The juvenile sentences available to the district judge are listed in K.”
— K.S.A. § 38-2364(b) — 14 cases
In Re A.m.m.-h., 331 P.3d 755 (Kan. 2014).
“) K.S.A. 2013 Supp. 38-2364(a)(l)-(2). The juvenile sentences available to the district judge are listed in K.”
In re E.J.D., 348 P.3d 512 (Kan. 2015).
“38-2347 and K.S.A. 2014 Supp. 38-2364 provide for extended-jurisdiction juvenile prosecutions, which allow courts to impose a juvenile sentence and a concurrent adult criminal sentence, the execution of which is stayed on the condition that the offender does not violate the…”
In re J.P., 466 P.3d 454 (Kan. 2020).
“" K.S.A. 2019 Supp. 38-2364(b); see K.S.A. 2019 Supp.”
In re E.F., 205 P.3d 787 (Kan. Ct. App. 2009).
“The proper interpretation of K.S.A. 2008 Supp. 38-2364 when the terms of a juvenile sentence have been violated is of statewide importance.”
State v. J.D.H., 294 P.3d 343 (Kan. Ct. App. 2013).
“’s counsel argued that the automatic application of K.S.A. 2010 Supp. 38-2364. “abrogates [the district court’s] duties as a Judge and I don’t think that it’s Constitutional.”
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