Juvenile Probation

The State Judicial Branch of Kansas through the Office of Judicial Administration is the state agency with administrative oversight of juvenile probation. Staff referred to as Court Service Officers are responsible for supervision of juvenile probationers placed on probation by the Juvenile Court Judge. In addition to the supervision duties, Court Service Officers conduct pre-sentence investigations on all cases ordered by the court. The state is divided into 31 judicial districts (encompassing all 105 counties of the state) and the Court Service Officers supervise cases based on those districts. Court Service Officers are considered state employees. It operates separate from the Kansas Juvenile Justice Authority. The state's county community corrections programs provide most supervision services for juvenile offenders including out-of-home placements and conditional release.

There are statutes in place that define law enforcement officers. Court Service officers are not defined as law enforcement. They do not carry a firearm. There is also a Supreme Court Order that specifically restricts any Court Service Officers from carrying a weapon (to include firearms, knives, and mace). There is no effort underway to legislatively, by regulation or court order to change that practice.

Court Service Officers have limited arrest power authority. The authority to arrest juveniles is when there is a warrant for a juveniles’ arrest, when they have probable cause to believe a warrant has been issued or when there is probable cause to believe the juvenile has violated an order for electronic monitoring.

There are no private companies providing juvenile probation supervision services.

Juvenile Parole

The Kansas Juvenile Justice Authority (KJJA) is responsible for administrative oversight of all juvenile justice programs excluding juvenile probation. Funds are “downloaded” to local counties for the delivery of juvenile justice services at the local/county level. One such program that is mandated by JJA in all judicial districts is Juvenile Intensive Supervision Probation (JISP). This is a county-based program that operates per standards set by JJA. Supervision and services are conducted on the district basis as identified in the explanation of Court Services Officers. It provides a higher level of supervision and structure than the probation provided by the Court Services system. The staff are called JISP officers. State funds are used to fund the positions at the community level so they are considered county employees. Juvenile offenders are placed on JISP by court order of the juvenile court judge.

Parole for juveniles in Kansas is defined as Conditional Release (CR). The JJA has administrative oversight of CR. Juvenile offenders released from the state juvenile correctional facilities, operated by JJA, are placed on CR. It is a state law requirement that all offenders released from a state juvenile correctional facility will be assigned for a period of time to CR. JISP officers supervise the CR cases at the community level. Technical violations of CR may result in placement back in a state juvenile correctional facility.

There are statutes in place that define law enforcement officers. JISP officers are not defined as law enforcement and do not carry a firearm.

JISP officers have limited arrest power authority. The authority to arrest juveniles is when there is a warrant for the juveniles’ arrest, when they have probable cause to believe a warrant has been issued or when there is probable cause to believe the juvenile has violated an order for electronic monitoring.

There is no effort underway to legislatively, by regulation or court order to change that practice.

There are no private companies providing juvenile probation or conditional release supervision services.

Adult Probation

31 local probation departments in the Judicial Branch of government provide probation services for adult misdemeanants and felons. Community Corrections programs in each county provide community supervision for high-risk adult felons, those felons who have failed at standard probation and all felons assigned to supervision under the state's mandatory drug treatment legislation (Senate Bill 123).

Adult probation officers do not carry a firearm. They are not classified as peace officers and do not have the power to arrest.

Supreme Court Administrative Order No. 20, from 1979, provides that court services officers “shall not have in their possession any firearm or any other weapon while engaged in the performance of functions of their office”.

At the time of the survey, it was not under consideration to allow the officers to carry a firearm.

There are no private companies providing adult probation supervision.

Adult Parole

Adult parolees are supervised by a state Executive Branch of government, the Division of Field Services within the state Department of Corrections.

Only those parole officers designated as Special Enforcement Officers (SEOs) are authorized to carry a firearm. The SEO’s duties include locating absconders, arresting condition violators, and conducting surveillance and high-risk field contacts. Officers undergo psychological testing as a part of the initial hiring practice. The firearm policy for these officers was instituted in 1994.

Police and Kansas Department of Corrections instructors provide firearm training. Officers who are designated to carry are required to take and proficiently complete the training prior to being allowed to carry a firearm. Officer receive continuing education and must re-qualify once a year.

They are required to carry a .40 caliber and have a 12-gauge shotgun. These are provided by the state.

There are no private companies providing adult parole supervision.

For updates or corrections to the information on this page, please contact: Diane Kincaid