Senate Bill 367 (SB 367), enacted in 2016, revised the Juvenile Justice Code. One of the goals of SB 367 is to keep low risk juvenile offenders out of the juvenile offender system. K.S.A. 38-2346 mandates that effective, July 1, 2017, the Douglas County District Attorney’s Office will no longer be able to offer its Juvenile Diversion program. K.S.A. 38-2346, however, establishes an Immediate Intervention Process (IIP) by which juveniles may avoid facing adjudication as a juvenile offender.
Douglas County Youth Services (DCYS) oversees the IIP in Douglas County for both pre-file and post-file IIP’s.
Referrals of juveniles for IIP will be based on specific eligibility criteria established by SB 367. When a case is received by Juvenile Intake and Assessment Services (JIAS) that meets the eligibility requirements for pre-filing IIP, it will be referred to the District Attorney’s Office (DA) for review of probable cause. Once probable cause is established, the DA will refer the youth to DCYS for the IIP.
A juvenile who goes through the juvenile intake and assessment process pursuant to K.S.A. 75-7023 and amendments thereto, shall be offered the opportunity to participate in an IIP and to avoid a juvenile offender case, if the juvenile is charged with a misdemeanor or a violation of K.S.A. 2015 Supp. 21-5507, and amendments thereto and the juvenile has nor prior adjudications. K.S.A. 38-2346(b)(1)
For a juvenile with less than two prior adjudications, she or he may also participate in IIP if referred by the DA’s Office. K.S.A. 38-2346(b)(2)
The IIP plan shall last no longer than six months from the date of referral, unless the plan requires the juvenile to complete an evidence-based program that extends beyond the six-month period. In such cases, the plan may be extended for up to two additional months. K.SA. 38-2346(b)(4)
If the juvenile successfully completes IIP plan, the juvenile shall be discharged and the charge(s) will not be filed. K.S.A. 38-2346(b)(5)
If the juvenile fails to satisfactorily comply with the IIP plan, the case shall be referred to the Multidisciplinary Team (MDT) for review. The MDT shall review the plan and may either revise and extend the plan or terminate the case as successful. Such plan may be extended for no more than four additional months. K.SA. 38-2346(b)(6)
The parents of a juvenile may be required to actively participate in the IIP. K.S.A. 38-2346(c)
If the juvenile fails to satisfactorily comply with the revised plan developed by the MDT, the case will be referred to the District Attorney’s Office for consideration of formal charges. K.S.A. 38-2346(b)(7)
The post-file IIP is an option for eligible juveniles to avoid adjudication (conviction) on a juvenile offender case that has already been filed in the court system.
A juvenile who is not eligible for a pre-file IIP may be eligible for a post-file IIP.
A post-file IIP shall be implemented upon agreement of the juvenile, the juvenile’s counsel, parents and the DA’s Office. Upon agreement of all parties, the DA’s Office will refer the case to DCYS to develop an IIP plan.
If the DA’s Office is notified by DCYS that the juvenile has not successfully completed the IIP requirements, the DA’s Office shall file the appropriate motion to revoke the IIP.
Upon notification by DCYS that the juvenile has successfully completed the IIP requirements, the DA’s Office will file the appropriate motion to close the case.