Kansas

Lower Age: 10

Upper Age: 17


Discretionary Waiver Kansas Statutes Sec. 38-1636

Upon motion of the county or district attorney in the case of a child accused of any offense, the juvenile court must hold a hearing to decide whether to authorize prosecution of the child as an adult. Except where the child meets age/offense/prior record criteria creating a presumption in favor of adult prosecution (see Presumptive Waiver), juvenile treatment is presumed to be appropriate unless the prosecution shows that there is "good cause" for adult prosecution. If the child has had proper notice but fails to appear at the hearing on the motion to authorize adult prosecution, the hearing may be held in the child's absence following notice by publication. The law lists a number of factors that the court must consider in deciding whether to authorize prosecution as an adult, and permits the court to consult reports and other written materials bearing on these factors, but stipulates that "the insufficiency of evidence pertaining to any one or more of the factors...shall not in and of itself be determinative of the issue." An order authorizing adult prosecution must be supported by a finding of "substantial evidence" in its favor.



In the alternative, the county or district attorney may move to have the case designated an "extended jurisdiction juvenile prosecution." Even where the county or district attorney requests an authorization of adult prosecution, the court may instead designate the case an extended jurisdiction juvenile prosecution. The procedures, presumptions, and factors to be considered in determining whether to designate a case an extended jurisdiction juvenile prosecution are identical to those involved in a hearing to consider whether a child should be prosecuted as an adult. Moreover, like a child subject to adult prosecution, a child who is subject to extended jurisdiction juvenile prosecution has "the right to trial by jury, to the effective assistance of counsel and to all other rights of a defendant pursuant to the Kansas code of criminal procedure." However, different sentencing provisions apply.


Offense Category Minimum Age Offense Detail

Any Criminal 10 Any criminal offense.


Presumptive Waiver Kansas Statutes Sec. 38-1636(a)(2) & (3)

Where the county or district attorney seeks adult prosecution in the case of a child who meets certain age/offense/prior record criteria, adult prosecution is presumed to be appropriate, and the burden is on the child to rebut the presumption. (If the issue is whether to designate the proceedings as an extended jurisdiction juvenile prosecution and the child meets the statutory criteria, the same presumption applies.)


Offense Category Minimum Age Offense Detail

Any Criminal 14 Any offense committed while in possession of a firearm.

Certain Felonies 14 Any nondrug felony of severity level 1 through 6; any felony (or combination of offenses including a felony) committed after having been adjudicated for or convicted of a felony; any "offgrid" (unclassified) felony.

Person 14 Any "person felony."

Drug 14 Any drug felony of severity level 1 or 2.


Once an Adult, Always Kansas Statutes Sec. 38-1636

If a child is convicted following authorization of adult prosecution, the authorization "shall attach and apply to any future acts" committed by the same child. However, if the authorized prosecution is for an offense to which the presumption in favor of authorization applies (see Presumptive Waiver), and the child is not convicted of any of the offenses creating the presumption, the child is considered "a juvenile offender" and is sentenced under the Juvenile Offenders Code.