Article 29a.--COMMITMENT OF SEXUALLY VIOLENT PREDATORS
59-29a03.Same; notice of release of sexuallyviolent predator by agencywith 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 a sexuallyviolent predator as defined in K.S.A. 59-29a02 and amendments thereto, theagency with jurisdiction shall give written notice of such to the attorneygeneral and the multidisciplinary team established in subsection (d), 90 daysprior to:
(1) The anticipated release from total confinement of a person who has beenconvicted of a sexually violent offense, except that in the case of personswho are returned to prison for no morethan 90 days as a result of revocation of postrelease supervision, writtennotice shall be given as soon as practicable following the person's readmissionto prison;
(2) release of a person who has been charged with a sexually violent offenseand who has been determined to be incompetent to stand trial pursuant to K.S.A.22-3305 and amendments thereto;
(3) release of a person who has been found not guilty by reason of insanityof a sexually violent offense pursuant to K.S.A. 22-3428 and amendmentsthereto; or
(4) release of a person who has been found not guilty of a sexually violentoffense pursuant to K.S.A. 22-3428, and amendments thereto, and the jury whoreturned the verdict of not guilty answers in the affirmative to the specialquestion asked pursuant to K.S.A. 22-3221 and amendments thereto.
(b) The agency with jurisdiction shall inform the attorneygeneral and the multidisciplinary team established in subsection (d)of thefollowing:
(1) The person's name, identifying factors, anticipated future residenceand offense history; and
(2) documentation of institutional adjustment and any treatment received.
(c) The agency with jurisdiction, its employees, officials, members of themultidisciplinary team establishedin subsection (d), members of the prosecutor's review committee appointed asprovided in subsection (e)and individuals contracting, appointed or volunteering to perform serviceshereundershall beimmune from liabilityfor any good-faith conduct under this section.
(d) The secretary of corrections shall establish a multidisciplinary teamwhich may include individuals from other state agenciesto review available records of each person referred to such team pursuant tosubsection (a). The team, within 30 days of receiving notice, shall assesswhether or not the person meets the definition of a sexually violentpredator, as established in K.S.A. 59-29a02 and amendments thereto. The teamshall notify the attorney general of its assessment.
(e) The attorney general shall appoint a prosecutor's review committee toreview the records of each person referred to the attorney general pursuant tosubsection (a). The prosecutor's review committee shall assist the attorneygeneral in the determination of whether or not the person meets the definitionof a sexually violent predator. The assessment of the multidisciplinary teamshall be made available to the attorney general and the prosecutor's reviewcommittee.
(f) The provisions of this section are not jurisdictional, and failure tocomply with such provisions in no way prevents the attorney general fromproceeding against a person otherwise subject to the provision of K.S.A.59-29a01 et seq., and amendments thereto.
Article 29a.--COMMITMENT OF SEXUALLY VIOLENT PREDATORS
59-29a03.Same; notice of release of sexuallyviolent predator by agencywith 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 a sexuallyviolent predator as defined in K.S.A. 59-29a02 and amendments thereto, theagency with jurisdiction shall give written notice of such to the attorneygeneral and the multidisciplinary team established in subsection (d), 90 daysprior to:
(1) The anticipated release from total confinement of a person who has beenconvicted of a sexually violent offense, except that in the case of personswho are returned to prison for no morethan 90 days as a result of revocation of postrelease supervision, writtennotice shall be given as soon as practicable following the person's readmissionto prison;
(2) release of a person who has been charged with a sexually violent offenseand who has been determined to be incompetent to stand trial pursuant to K.S.A.22-3305 and amendments thereto;
(3) release of a person who has been found not guilty by reason of insanityof a sexually violent offense pursuant to K.S.A. 22-3428 and amendmentsthereto; or
(4) release of a person who has been found not guilty of a sexually violentoffense pursuant to K.S.A. 22-3428, and amendments thereto, and the jury whoreturned the verdict of not guilty answers in the affirmative to the specialquestion asked pursuant to K.S.A. 22-3221 and amendments thereto.
(b) The agency with jurisdiction shall inform the attorneygeneral and the multidisciplinary team established in subsection (d)of thefollowing:
(1) The person's name, identifying factors, anticipated future residenceand offense history; and
(2) documentation of institutional adjustment and any treatment received.
(c) The agency with jurisdiction, its employees, officials, members of themultidisciplinary team establishedin subsection (d), members of the prosecutor's review committee appointed asprovided in subsection (e)and individuals contracting, appointed or volunteering to perform serviceshereundershall beimmune from liabilityfor any good-faith conduct under this section.
(d) The secretary of corrections shall establish a multidisciplinary teamwhich may include individuals from other state agenciesto review available records of each person referred to such team pursuant tosubsection (a). The team, within 30 days of receiving notice, shall assesswhether or not the person meets the definition of a sexually violentpredator, as established in K.S.A. 59-29a02 and amendments thereto. The teamshall notify the attorney general of its assessment.
(e) The attorney general shall appoint a prosecutor's review committee toreview the records of each person referred to the attorney general pursuant tosubsection (a). The prosecutor's review committee shall assist the attorneygeneral in the determination of whether or not the person meets the definitionof a sexually violent predator. The assessment of the multidisciplinary teamshall be made available to the attorney general and the prosecutor's reviewcommittee.
(f) The provisions of this section are not jurisdictional, and failure tocomply with such provisions in no way prevents the attorney general fromproceeding against a person otherwise subject to the provision of K.S.A.59-29a01 et seq., and amendments thereto.
Article 29a.--COMMITMENT OF SEXUALLY VIOLENT PREDATORS
59-29a03.Same; notice of release of sexuallyviolent predator by agencywith 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 a sexuallyviolent predator as defined in K.S.A. 59-29a02 and amendments thereto, theagency with jurisdiction shall give written notice of such to the attorneygeneral and the multidisciplinary team established in subsection (d), 90 daysprior to:
(1) The anticipated release from total confinement of a person who has beenconvicted of a sexually violent offense, except that in the case of personswho are returned to prison for no morethan 90 days as a result of revocation of postrelease supervision, writtennotice shall be given as soon as practicable following the person's readmissionto prison;
(2) release of a person who has been charged with a sexually violent offenseand who has been determined to be incompetent to stand trial pursuant to K.S.A.22-3305 and amendments thereto;
(3) release of a person who has been found not guilty by reason of insanityof a sexually violent offense pursuant to K.S.A. 22-3428 and amendmentsthereto; or
(4) release of a person who has been found not guilty of a sexually violentoffense pursuant to K.S.A. 22-3428, and amendments thereto, and the jury whoreturned the verdict of not guilty answers in the affirmative to the specialquestion asked pursuant to K.S.A. 22-3221 and amendments thereto.
(b) The agency with jurisdiction shall inform the attorneygeneral and the multidisciplinary team established in subsection (d)of thefollowing:
(1) The person's name, identifying factors, anticipated future residenceand offense history; and
(2) documentation of institutional adjustment and any treatment received.
(c) The agency with jurisdiction, its employees, officials, members of themultidisciplinary team establishedin subsection (d), members of the prosecutor's review committee appointed asprovided in subsection (e)and individuals contracting, appointed or volunteering to perform serviceshereundershall beimmune from liabilityfor any good-faith conduct under this section.
(d) The secretary of corrections shall establish a multidisciplinary teamwhich may include individuals from other state agenciesto review available records of each person referred to such team pursuant tosubsection (a). The team, within 30 days of receiving notice, shall assesswhether or not the person meets the definition of a sexually violentpredator, as established in K.S.A. 59-29a02 and amendments thereto. The teamshall notify the attorney general of its assessment.
(e) The attorney general shall appoint a prosecutor's review committee toreview the records of each person referred to the attorney general pursuant tosubsection (a). The prosecutor's review committee shall assist the attorneygeneral in the determination of whether or not the person meets the definitionof a sexually violent predator. The assessment of the multidisciplinary teamshall be made available to the attorney general and the prosecutor's reviewcommittee.
(f) The provisions of this section are not jurisdictional, and failure tocomply with such provisions in no way prevents the attorney general fromproceeding against a person otherwise subject to the provision of K.S.A.59-29a01 et seq., and amendments thereto.
