59-29a01. Kansas sexually violent predator act; civil commitment of sexually violent predators; legislative findings; time requirements directory. (a) The legislature finds that there exists an extremely dangerous group of sexually violent predators who have a mental abnormality or personality disorder and who are likely to engage in repeat acts of sexual violence if not treated […]
59-29a02. Civil commitment of sexually violent predators; definitions. As used in this act: (a) “Sexually violent predator” means any person who has been convicted of or charged with a sexually violent offense and who suffers from a mental abnormality or personality disorder which makes the person likely to engage in repeat acts of sexual violence […]
59-29a03. Same; notice of release of sexually violent predator by agency with jurisdiction to attorney general and multidisciplinary team, time, contents; immunity from liability; establishing a multidisciplinary team; appointment of a prosecutor’s review committee; assessment of person; provisions of section are not jurisdictional. (a) When it appears that a person may meet the criteria of […]
59-29a04. Same; petition, time, contents, venue, service; provisions of section are not jurisdictional; county reimbursed for costs; responsibility for costs of medical care and treatment; proceedings are civil in nature. (a) When the prosecutor’s review committee, appointed as provided in K.S.A. 59-29a03(g), and amendments thereto, has determined that the person meets the definition of a […]
59-29a04a. Sexually violent predator expense fund. (a) There is hereby created in the state treasury the sexually violent predator expense fund which shall be administered by the attorney general. All moneys credited to such fund shall be used to reimburse counties under: (1) K.S.A. 59-29a04, and amendments thereto, responsible for the costs related to determining […]
59-29a05. Civil commitment of sexually violent predators; determination of probable cause, hearing; evaluation; person taken into custody. (a) Upon filing of a petition under K.S.A. 59-29a04, and amendments thereto, the judge shall determine whether probable cause exists to believe that the person named in the petition is a sexually violent predator. If such determination is […]
59-29a06. Same; pretrial conference; trial; counsel, examiners and experts; indigent persons; jury, composition, peremptory challenges. (a) Within 60 days after the completion of any hearing held pursuant to K.S.A. 59-29a05, and amendments thereto, the court shall set the matter for a pretrial conference to establish a mutually agreeable date for trial to determine whether the […]
59-29a07. Same; determination; appeal; commitment procedure; interagency agreements; mistrials; persons committed and later taken into custody after parole, arrest or conviction, procedure; persons found incompetent to stand trial, procedure. (a) The court or jury shall determine whether, beyond a reasonable doubt, the person is a sexually violent predator. If such determination that the person is […]
59-29a08. Same; examination; annual review hearing for transitional release; rights and procedures; court orders; transitional release program. (a) Each person committed under the Kansas sexually violent predator act shall have a current examination of the person’s mental condition made once every year. The secretary shall provide the person with an annual written notice of the […]
59-29a09. Detention and commitment to conform to constitutional requirements. The involuntary detention or commitment of persons under this act shall conform to constitutional requirements for care and treatment. History: L. 1994, ch. 316, § 9; May 19.
59-29a10. Petitions for transitional or conditional release; procedure. (a) (1) If the secretary determines that the person’s mental abnormality or personality disorder has significantly changed so that the person is not likely to engage in repeat acts of sexual violence if placed in transitional release, the secretary shall authorize the person to petition the court […]
59-29a11. Transitional release, conditional release or final discharge; subsequent discharge petitions, limitations; prohibition of location of facilities; facilities subject to zoning; county limitations; annual report by secretary for aging and disability services. (a) If a person has previously filed a petition for transitional release, conditional release or final discharge without the secretary for aging and […]
59-29a12. Same; secretary for aging and disability services; responsible for costs; duties; reimbursement; costs paid by committed person. (a) For state budgetary purposes, the secretary shall be responsible for all cost relating to the evaluation and treatment of persons committed to the secretary’s custody under any provision of this act. Payment for the maintenance, care […]
59-29a13. Same; notice to victims of release of persons committed under this act. In addition to any other information required to be released under this act, prior to the release of a person committed under this act, the secretary shall give written notice of such placement or release to any victim of the person’s activities […]
59-29a14. Same; special allegation of sexual motivation; procedure; withdrawal or dismissal. (a) The county or district attorney shall file a special allegation of sexual motivation within 14 days after arraignment in every criminal case other than sex offenses as defined in article 35 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal, […]
59-29a15. Same; severability. If any provision of this act or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provisions or application and, to this end, the provisions of this act are severable. […]
59-29a16. Same; confidential or privileged information and records. In order to protect the public, relevant information and records which are otherwise confidential or privileged shall be released to the agency with jurisdiction or the attorney general for the purpose of meeting the notice requirement provided in K.S.A. 59-29a03 and amendments thereto and determining whether a […]
59-29a17. Same; court records; sealed and opened by court order. Any psychological reports, drug and alcohol reports, treatment records, reports of the diagnostic center, medical records or victim impact statements which have been submitted to the court or admitted into evidence under this act shall be part of the record but shall be sealed and […]
59-29a18. Transitional release; examination; annual review hearing for conditional release; rights and procedures; court orders. (a) During any period the person is in transitional release, the person committed under this act at least annually, and at any other time deemed appropriate by the treatment staff, shall be examined by the treatment staff to determine if […]
59-29a19. Conditional release; plan of treatment; minimum term; hearing for final release; conditional release monitor; violating conditions of plan or release. (a) If the court determines that the person should be placed on conditional release, the court, based upon the recommendation of the treatment staff and progress review panel, shall establish a plan of treatment […]
