Article 29a.--COMMITMENT OF SEXUALLY VIOLENT PREDATORS
59-29a02.Commitment of sexually violent predators;definitions.As used in this act:
(a) "Sexually violent predator" means any person who has been convicted ofor charged with a sexually violent offense and who suffers from a mentalabnormality or personality disorder which makes the person likely to engage inrepeat acts of sexual violence.
(b) "Mental abnormality" means a congenital or acquired condition affectingthe emotional or volitional capacity which predisposes the person to commitsexually violent offenses in a degree constituting such person a menace to thehealth and safety of others.
(c) "Likely to engage in repeat acts of sexual violence"means theperson's propensity to commit acts of sexual violence is of such a degree as topose a menace to the health and safety of others.
(d) "Sexually motivated" means that one of the purposes for which thedefendant committed the crime was for the purpose of the defendant's sexualgratification.
(e) "Sexually violent offense" means:
(1) Rape as defined in K.S.A. 21-3502 and amendments thereto;
(2) indecent liberties with a child as defined in K.S.A. 21-3503 andamendments thereto;
(3) aggravated indecent liberties with a child as defined in K.S.A. 21-3504and amendments thereto;
(4) criminal sodomy as defined in subsection (a)(2) and (a)(3) of K.S.A.21-3505 and amendments thereto;
(5) aggravated criminal sodomy as defined in K.S.A. 21-3506 and amendmentsthereto;
(6) indecent solicitation of a child as defined in K.S.A. 21-3510 andamendments thereto;
(7) aggravated indecent solicitation of a child as defined in K.S.A.21-3511and amendments thereto;
(8) sexual exploitation of a child as defined in K.S.A. 21-3516 andamendments thereto;
(9) aggravated sexual battery as defined in K.S.A. 21-3518 and amendmentsthereto;
(10) aggravated incest as defined in K.S.A. 21-3603 and amendmentsthereto;
(11) any conviction for a felony offense in effect at any time prior totheeffective date of this act, that is comparable to a sexually violent offense asdefined in subparagraphs (1) through (11) or any federal orother stateconviction for a felony offense that under the laws of this state would be asexually violent offense as defined in this section;
(12) an attempt, conspiracy or criminal solicitation, asdefined in K.S.A.21-3301, 21-3302 and 21-3303, and amendments thereto, of a sexually violentoffense as defined in this subsection; or
(13) any act which either at the time of sentencing fortheoffense orsubsequentlyduring civil commitment proceedings pursuant to this act, has been determinedbeyond a reasonable doubt to have been sexually motivated.
(f) "Agency with jurisdiction" means that agency which releases upon lawfulorder or authority aperson serving a sentence or term of confinement andincludes the department of corrections, the department of socialandrehabilitation services and the Kansas parole board.
(g) "Person" means an individual who is a potential or actual subject ofproceedings under this act.
(h) "Treatment staff" means the persons, agencies or firms employed by orcontracted with the secretary to provide treatment, supervision or otherservices at the sexually violent predator facility.
(i) "Transitional release" means any halfway house, work release, sexuallyviolent predator treatment facility or otherplacement designed to assist the person's adjustment and reintegration into thecommunity once released from commitment.
(j) "Secretary" means the secretary of the department of social andrehabilitation services.
Article 29a.--COMMITMENT OF SEXUALLY VIOLENT PREDATORS
59-29a02.Commitment of sexually violent predators;definitions.As used in this act:
(a) "Sexually violent predator" means any person who has been convicted ofor charged with a sexually violent offense and who suffers from a mentalabnormality or personality disorder which makes the person likely to engage inrepeat acts of sexual violence.
(b) "Mental abnormality" means a congenital or acquired condition affectingthe emotional or volitional capacity which predisposes the person to commitsexually violent offenses in a degree constituting such person a menace to thehealth and safety of others.
(c) "Likely to engage in repeat acts of sexual violence"means theperson's propensity to commit acts of sexual violence is of such a degree as topose a menace to the health and safety of others.
(d) "Sexually motivated" means that one of the purposes for which thedefendant committed the crime was for the purpose of the defendant's sexualgratification.
(e) "Sexually violent offense" means:
(1) Rape as defined in K.S.A. 21-3502 and amendments thereto;
(2) indecent liberties with a child as defined in K.S.A. 21-3503 andamendments thereto;
(3) aggravated indecent liberties with a child as defined in K.S.A. 21-3504and amendments thereto;
(4) criminal sodomy as defined in subsection (a)(2) and (a)(3) of K.S.A.21-3505 and amendments thereto;
(5) aggravated criminal sodomy as defined in K.S.A. 21-3506 and amendmentsthereto;
(6) indecent solicitation of a child as defined in K.S.A. 21-3510 andamendments thereto;
(7) aggravated indecent solicitation of a child as defined in K.S.A.21-3511and amendments thereto;
(8) sexual exploitation of a child as defined in K.S.A. 21-3516 andamendments thereto;
(9) aggravated sexual battery as defined in K.S.A. 21-3518 and amendmentsthereto;
(10) aggravated incest as defined in K.S.A. 21-3603 and amendmentsthereto;
(11) any conviction for a felony offense in effect at any time prior totheeffective date of this act, that is comparable to a sexually violent offense asdefined in subparagraphs (1) through (11) or any federal orother stateconviction for a felony offense that under the laws of this state would be asexually violent offense as defined in this section;
(12) an attempt, conspiracy or criminal solicitation, asdefined in K.S.A.21-3301, 21-3302 and 21-3303, and amendments thereto, of a sexually violentoffense as defined in this subsection; or
(13) any act which either at the time of sentencing fortheoffense orsubsequentlyduring civil commitment proceedings pursuant to this act, has been determinedbeyond a reasonable doubt to have been sexually motivated.
(f) "Agency with jurisdiction" means that agency which releases upon lawfulorder or authority aperson serving a sentence or term of confinement andincludes the department of corrections, the department of socialandrehabilitation services and the Kansas parole board.
(g) "Person" means an individual who is a potential or actual subject ofproceedings under this act.
(h) "Treatment staff" means the persons, agencies or firms employed by orcontracted with the secretary to provide treatment, supervision or otherservices at the sexually violent predator facility.
(i) "Transitional release" means any halfway house, work release, sexuallyviolent predator treatment facility or otherplacement designed to assist the person's adjustment and reintegration into thecommunity once released from commitment.
(j) "Secretary" means the secretary of the department of social andrehabilitation services.
Article 29a.--COMMITMENT OF SEXUALLY VIOLENT PREDATORS
59-29a02.Commitment of sexually violent predators;definitions.As used in this act:
(a) "Sexually violent predator" means any person who has been convicted ofor charged with a sexually violent offense and who suffers from a mentalabnormality or personality disorder which makes the person likely to engage inrepeat acts of sexual violence.
(b) "Mental abnormality" means a congenital or acquired condition affectingthe emotional or volitional capacity which predisposes the person to commitsexually violent offenses in a degree constituting such person a menace to thehealth and safety of others.
(c) "Likely to engage in repeat acts of sexual violence"means theperson's propensity to commit acts of sexual violence is of such a degree as topose a menace to the health and safety of others.
(d) "Sexually motivated" means that one of the purposes for which thedefendant committed the crime was for the purpose of the defendant's sexualgratification.
(e) "Sexually violent offense" means:
(1) Rape as defined in K.S.A. 21-3502 and amendments thereto;
(2) indecent liberties with a child as defined in K.S.A. 21-3503 andamendments thereto;
(3) aggravated indecent liberties with a child as defined in K.S.A. 21-3504and amendments thereto;
(4) criminal sodomy as defined in subsection (a)(2) and (a)(3) of K.S.A.21-3505 and amendments thereto;
(5) aggravated criminal sodomy as defined in K.S.A. 21-3506 and amendmentsthereto;
(6) indecent solicitation of a child as defined in K.S.A. 21-3510 andamendments thereto;
(7) aggravated indecent solicitation of a child as defined in K.S.A.21-3511and amendments thereto;
(8) sexual exploitation of a child as defined in K.S.A. 21-3516 andamendments thereto;
(9) aggravated sexual battery as defined in K.S.A. 21-3518 and amendmentsthereto;
(10) aggravated incest as defined in K.S.A. 21-3603 and amendmentsthereto;
(11) any conviction for a felony offense in effect at any time prior totheeffective date of this act, that is comparable to a sexually violent offense asdefined in subparagraphs (1) through (11) or any federal orother stateconviction for a felony offense that under the laws of this state would be asexually violent offense as defined in this section;
(12) an attempt, conspiracy or criminal solicitation, asdefined in K.S.A.21-3301, 21-3302 and 21-3303, and amendments thereto, of a sexually violentoffense as defined in this subsection; or
(13) any act which either at the time of sentencing fortheoffense orsubsequentlyduring civil commitment proceedings pursuant to this act, has been determinedbeyond a reasonable doubt to have been sexually motivated.
(f) "Agency with jurisdiction" means that agency which releases upon lawfulorder or authority aperson serving a sentence or term of confinement andincludes the department of corrections, the department of socialandrehabilitation services and the Kansas parole board.
(g) "Person" means an individual who is a potential or actual subject ofproceedings under this act.
(h) "Treatment staff" means the persons, agencies or firms employed by orcontracted with the secretary to provide treatment, supervision or otherservices at the sexually violent predator facility.
(i) "Transitional release" means any halfway house, work release, sexuallyviolent predator treatment facility or otherplacement designed to assist the person's adjustment and reintegration into thecommunity once released from commitment.
(j) "Secretary" means the secretary of the department of social andrehabilitation services.
