BY THE COURT
an extended juvenile jurisdiction proceeding, the district
court imposes one or more juvenile sentences listed in K.S.A.
2015 Supp. 38-2361(a) and an adult criminal sentence.
adult sentence in an extended juvenile jurisdiction
proceeding shall be stayed on the condition that the juvenile
offender not violate the provisions of the juvenile sentence
and not commit a new offense.
an extended juvenile jurisdiction proceeding, a juvenile
violates the provisions of his or her juvenile sentence by
violating the terms of conditional release. The consequences
of a juvenile violating the provisions of his or her
conditional release in an extended juvenile jurisdiction
proceeding are set forth in K.S.A. 2015 Supp. 38-2364(b).
Under K.S.A. 2015 Supp. 38-2364(b), a district court has the
authority to revoke the stay of the adult sentence in an
extended juvenile jurisdiction proceeding, without prior
notice to the juvenile or the juvenile's attorney of
record, when it appears that the juvenile has violated the
conditions of his or her conditional release. If the juvenile
challenges the reasons for revocation, a hearing is required
on whether a preponderance of the evidence establishes the
5. If a
district court finds by a preponderance of the evidence that
a juvenile on conditional release in an extended juvenile
jurisdiction proceeding has violated the conditions of
release, K.S.A. 2015 Supp. 38-2364(b) requires the
termination of juvenile court jurisdiction and the mandatory
execution of the adult sentence, unless the State and the
defense agree to modify that sentence.
appellate court cannot invalidate a statute, otherwise
constitutional, just because the members of the court might
consider the provisions of the law to be unwise, unfair,
from Wyandotte District Court; Delia M. York, judge. Opinion
filed June 2, 2017. Affirmed.
A. Erickson, of Kansas City, argued the cause and was on the
brief for appellant.
R. Hill, assistant district attorney, argued the cause, and
Jerome A. Gorman, district attorney, was with her on the
brief for appellee.
extended juvenile jurisdiction prosecution (EJJP), the
juvenile, A.D.T., pled guilty to first-degree premediated
murder. He completed the incarceration portion of his
juvenile sentence and was placed on conditional release.
After A.D.T. admitted to violating his conditional release by
twice testing positive for drugs, the district court revoked
A.D.T.'s juvenile sentence and imposed his adult sentence
of life imprisonment. On direct appeal to this court, A.D.T.
argues that it was manifestly unjust for the district court
to impose his adult sentence for the positive urinalysis (UA)
tests because he did not receive the recommended substance
abuse treatment while in the juvenile correctional facility
and because he did not receive proper notice as to what
conduct would cause the court to invoke his adult sentence.
Addressing only the issues raised in this direct appeal, we
affirm the district court.
and Procedural Overview
April 2008, the State commenced a proceeding under the
Revised Kansas Juvenile Justice Code, K.S.A. 2007 Supp.
38-2301 et seq., charging 13-year-old A.D.T. with
first-degree premediated murder and criminal possession of a
firearm. District Judge Wesley K. Griffin designated the
proceedings as an EJJP under K.S.A. 2007 Supp. 38-2347(f)(2).
November 2009, A.D.T. pleaded guilty to first-degree
premediated murder. The district court sentenced A.D.T., as a
violent I juvenile offender under K.S.A. 2007 Supp.
38-2369(a)(1)(A), to the juvenile correctional facility until
age 22 1/2 years old and a term of aftercare until his 23rd
birthday. The court also ordered that A.D.T. undergo a
substance abuse evaluation and follow any recommendations.
For A.D.T.'s adult sentence, which would be statutorily
stayed conditioned upon successful completion of the juvenile
sentence, the court ordered a life sentence without the
possibility of parole for 25 years.
arrived at the Kansas Juvenile Correctional Complex (KJCC) in
December 2009. Because of time already served, A.D.T. was
scheduled to be released in July 2013.
staff completed a program plan and progress report addressing
A.D.T.'s substance abuse assessment during his
incarceration. A.D.T.'s test results on the Substance
Abuse Subtle Screening Inventory (SASSI) indicated a
"low probability" for substance abuse or dependence
disorder. But because A.D.T. self-reported past drug use and
admitted to using drugs during the commission of his crime,
the report recommended that A.D.T. be referred to the
Pathways substance abuse program. A.D.T. remained on the
waiting list for Pathways throughout his juvenile
incarceration. The final update in the report clarified,
"Due to time constraints, lack of
counselors/programming, youth education credits interfering
with programming time, and [A.D.T.'s] low [Youth Level of
Service (YLS)] scores[, ] [A.D.T.] will not complete
substance abuse treatment at KJCC before his July 19, 2013[,
] release date." The report recommended that A.D.T.
attend community support systems such as Narcotics Anonymous
(NA) and Alcoholics Anonymous (AA) upon his release and
submit to random UA tests. In addition, if A.D.T. was found
to be using substances on release, he was to be assessed for
substance abuse and follow any outpatient treatment
A.D.T.'s release in July 2013, the district court found
that A.D.T. had been reintegrated and could be returned home.
The permanency plan order noted that the district court's
previous orders "shall continue in full force and
same month, A.D.T. entered into a contract explaining the
conditions of his release while under community corrections
supervision and the sanctions for any violation. The
conditional release contract required A.D.T., inter
alia, to "refrain from the purchase, possession or
consumption of drugs." The contract clarified that if
A.D.T. violated the conditions, he could be subjected to
internal sanctions or he could be returned to the district
court. If A.D.T. was returned to the district court, the
contract provided that the district court may (1) impose 2
days in a ...