JUVENILE


IMMEDIATE INTERVENTION PROGRAM

The Leavenworth County Attorney’s Office hereby establishes the following alternative resolution procedures consistent with the goal of the revised Kansas juvenile justice code (RKJJC) set forth in K.S.A. § 38-2301.  In accordance with K.S.A. § 38-2346(a), minors subject to the RKJJC may be eligible to participate in the Immediate Intervention Program (IIP).  The criteria for eligibility and operating procedures below are consistent with the provisions of K.S.A. 38-2346, to the extent that the statutory authority does not run afoul with the separation of powers doctrine.  Alternatively, minors who are not eligible for IIP, may be eligible to apply for diversion, which is a separate and distinct alternative resolution procedure through the Leavenworth County Attorney’s Office in consideration of the principles set forth in State v. Greenlee, 228 Kan. 712, 717, 620 P.2d 1132 (1980). 

Upon receipt of a case submitted by a law enforcement agency to the Leavenworth County Attorney’s Office involving a minor subject to the RKJJC, the Leavenworth County Attorney or designee, shall determine whether at least probable cause exists that a crime has been committed by the minor.  If probable cause is found, the minor may participate in the IIP if eligible under the guidelines below.  The Court Services Office for the First Judicial District shall supervise cases subject to the policies set forth herein for the immediate intervention program. 

  1. Immediate Intervention Program – In collaboration with the director of juvenile intake and assessment services, and input from representatives from the Court Services Office for the First Judicial District and the Department for Children and Families, the following guidelines are adopted for pre-filing IIP and post-filing IIP. The following criteria shall establish whether a minor may be eligible to participate in the IIP before the filing of a complaint or after the filing of a complaint in district court.

 

  1. Pre-filing IIP
    1. Minors subject to the RKJJC who have been reported by a law enforcement agency to have committed an act in violation of K.S.A. § 41-727 and 79-3322(m) or (n), may be eligible as long as the minor has not: (1) been adjudicated previously for a violation of K.S.A. § 41-727 or 79-3322(m) or (n); or (2) has not participated previously in an IIP for a violation of K.S.A. § 41-727 or 79-3322(m) or (n).

 

  1. Post-filing IIP
    1. Minors subject to the RKJJC who have been reported by a law enforcement agency to have committed an offense, which if committed by an adult would constitute the commission of a misdemeanor in violation of K.S.A. § 21-5706, may be eligible as long as the minor has not: (1) been adjudicated as juvenile offender previously; or (2) has not participated previously in an IIP.

 

  1. The Leavenworth County Attorney or designee shall determine on a case-by-case basis whether a minor subject to the RKJJC who has been reported by a law enforcement agency to have committed an offense, which if committed by an adult would constitute the commission of a misdemeanor in violation of Article 58 of Chapter 21 of the Kansas Statutes Annotated is eligible to participate. The minor may not be eligible if the minor has: (1) been adjudicated as juvenile offender previously; or (2) has participated previously in an IIP.

 

  • The Leavenworth County Attorney or designee shall determine on a case-by-case basis whether a minor subject to the RKJJC who has been reported by a law enforcement agency to have committed an offense, which if committed by an adult would constitute a violation of K.S.A. 21-6203, is eligible to participate. The minor may not be eligible if the minor has: (1) been adjudicated as juvenile offender previously; or (2) has participated previously in an IIP.

  1. Minors who have not participated in an IIP or who have no prior adjudications, may not be eligible for pre-filing or post-filing IIP if the Leavenworth County Attorney’s Office receives more than one case by a law enforcement agency listing the minor as a suspect of a crime. If the Leavenworth County Attorney or designee determines probable cause

exists that the offense was committed by the minor in at least two of the cases received, the minor may not be eligible to participate in a pre-filing or post-filing IIP.

 

  1. Even if the offense is one of the violations listed above, minors who have not participated in an IIP or who have not been adjudicated in the past, may not be eligible for pre-filing or post-filing IIP if the reports received by the law enforcement agency include more than one offense.

 

  1. The Leavenworth County Attorney, or designee, reserves the right to override any of the criteria of eligibility depending on the circumstances, and authorize a minor to participate in IIP or preclude a minor from participating in IIP.

 

  1. Pre-filing and Post-filing IIP shall be administered and supervised by the Court Services Office for the First Judicial District. The Court Services Office shall comply with the Standards for Immediate Intervention Programs issued by the Office of Judicial Administration.

 

  1. To the extent that it is feasible and applicable under the circumstances and are resources available, pre-filing IIP and post-filing IIP shall be administered in compliance with K.S.A. 38-2346, and will include the following requirements:

 

  1. At least one parent or guardian shall be required to participate in the IIP.

 

  1. The “date of referral” as set forth in K.S.A. § 38-2346(b)(4), shall be the date when the immediate intervention plan is signed by all parties involved.

 

  • Before signing the immediate intervention plan, the minor and parent(s) shall comply with any preliminary requirements set by a Court Services Officer, which includes, but is not limited to releases of information.

 

  1. Participation in pre-filing IIP or post-filing IIP is voluntary. If a minor or parent fails to comply with the preliminary requirements imposed by the Court Services Officer within 30 days of receiving notice of eligibility, the Court Services Officer may consider such failure as a declination by the juvenile to participate in IIP, which may result in the filing of a complaint or resuming prosecution in district court.  The minor or parent shall receive an additional 30 days if the Court Services Officer is notified that either participant is seeking legal advice from counsel before proceeding with the IIP.  Additional extensions may be granted if the Court Services Officer finds good cause; seeking legal advice or legal representation may constitute good cause within reason. 

  1. Notice of eligibility for pre-filing IIP shall constitute the date when a letter was sent by mail to the minor’s last known address listed in the reports submitted by the law enforcement agency, which notified the minor about pre-filing IIP eligibility.

 

  1. Notice of eligibility for a post-filing IIP shall constitute the date when the minor was notified in open court about post-filing IIP eligibility.

The Leavenworth County Attorney’s Office retains the right to modify or terminate any of the procedures set forth herein, if deemed appropriate. 

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