Attorney General Opinion No.

The Honorable Carl B. Anderson, Jr. Administrative Judge Ninth Judicial District P.O. Box 1106 McPherson, Kansas 67460

Dear Judge Anderson:

You inquire whether a juvenile may be detained in the county jail when the juvenile is 16 or 17 years old and has been arrested for an act which would constitute the commission of a felony if committed by an adult but has not yet been formally charged by way of complaint under K.S.A. 38-1621. You also inquire whether an individual who is a "juvenile" but not a "juvenile offender" may be detained in jail pursuant to K.S.A. 38-1691.

The legislature may exclude…