State Codes and Statutes

Statutes > Kansas > Chapter59 > Article29a > Statutes_23679

59-29a04

Chapter 59.--PROBATE CODE
Article 29a.--COMMITMENT OF SEXUALLY VIOLENT PREDATORS

      59-29a04.   Same; petition, time, contents; provisionsof section are not jurisdictional; county reimbursed for costs.(a) When it appears that the person presently confined may be a sexuallyviolent predator and the prosecutor's review committee appointed as provided insubsection (e) of K.S.A. 59-29a03, and amendments thereto, hasdeterminedthatthe person meets the definition of a sexually violent predator, the attorneygeneral, within 75 days of the date the attorneygeneral received the written notice by the agency of jurisdiction as providedin subsection (a) of K.S.A. 59-29a03, and amendments thereto, may file apetition in the county where the person was convicted of or charged with asexually violent offense alleging that the person is a sexually violentpredator and stating sufficient facts to support such allegation.

      (b)   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.

      (c)   Whenever a determination is made regarding whether a person may be asexually violent predator, thecounty responsiblefor the costs incurred, including, but not limited to costs of investigation,prosecution, defense, juries, witness fees and expenses, expert fees andexpenses and other expenses related to determining whether a person may be asexually violent predator shall be reimbursed for such costs by the office ofthe attorneygeneral from the sexually violent predator expense fund. The attorney generalshall develop and implement a procedure to provide such reimbursements. Ifthere are no moneysavailable in such fund to pay any such reimbursements, the county may file aclaim against the state pursuant to article 9 of chapter 46, of the KansasStatutes Annotated, and amendments thereto.

      History:   L. 1994, ch. 316, § 4;L. 1995, ch. 193, § 3;L. 1999, ch. 140, § 4;L. 2003, ch. 152, § 2;L. 2007, ch. 170, § 4; July 1.

State Codes and Statutes

Statutes > Kansas > Chapter59 > Article29a > Statutes_23679

59-29a04

Chapter 59.--PROBATE CODE
Article 29a.--COMMITMENT OF SEXUALLY VIOLENT PREDATORS

      59-29a04.   Same; petition, time, contents; provisionsof section are not jurisdictional; county reimbursed for costs.(a) When it appears that the person presently confined may be a sexuallyviolent predator and the prosecutor's review committee appointed as provided insubsection (e) of K.S.A. 59-29a03, and amendments thereto, hasdeterminedthatthe person meets the definition of a sexually violent predator, the attorneygeneral, within 75 days of the date the attorneygeneral received the written notice by the agency of jurisdiction as providedin subsection (a) of K.S.A. 59-29a03, and amendments thereto, may file apetition in the county where the person was convicted of or charged with asexually violent offense alleging that the person is a sexually violentpredator and stating sufficient facts to support such allegation.

      (b)   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.

      (c)   Whenever a determination is made regarding whether a person may be asexually violent predator, thecounty responsiblefor the costs incurred, including, but not limited to costs of investigation,prosecution, defense, juries, witness fees and expenses, expert fees andexpenses and other expenses related to determining whether a person may be asexually violent predator shall be reimbursed for such costs by the office ofthe attorneygeneral from the sexually violent predator expense fund. The attorney generalshall develop and implement a procedure to provide such reimbursements. Ifthere are no moneysavailable in such fund to pay any such reimbursements, the county may file aclaim against the state pursuant to article 9 of chapter 46, of the KansasStatutes Annotated, and amendments thereto.

      History:   L. 1994, ch. 316, § 4;L. 1995, ch. 193, § 3;L. 1999, ch. 140, § 4;L. 2003, ch. 152, § 2;L. 2007, ch. 170, § 4; July 1.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter59 > Article29a > Statutes_23679

59-29a04

Chapter 59.--PROBATE CODE
Article 29a.--COMMITMENT OF SEXUALLY VIOLENT PREDATORS

      59-29a04.   Same; petition, time, contents; provisionsof section are not jurisdictional; county reimbursed for costs.(a) When it appears that the person presently confined may be a sexuallyviolent predator and the prosecutor's review committee appointed as provided insubsection (e) of K.S.A. 59-29a03, and amendments thereto, hasdeterminedthatthe person meets the definition of a sexually violent predator, the attorneygeneral, within 75 days of the date the attorneygeneral received the written notice by the agency of jurisdiction as providedin subsection (a) of K.S.A. 59-29a03, and amendments thereto, may file apetition in the county where the person was convicted of or charged with asexually violent offense alleging that the person is a sexually violentpredator and stating sufficient facts to support such allegation.

      (b)   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.

      (c)   Whenever a determination is made regarding whether a person may be asexually violent predator, thecounty responsiblefor the costs incurred, including, but not limited to costs of investigation,prosecution, defense, juries, witness fees and expenses, expert fees andexpenses and other expenses related to determining whether a person may be asexually violent predator shall be reimbursed for such costs by the office ofthe attorneygeneral from the sexually violent predator expense fund. The attorney generalshall develop and implement a procedure to provide such reimbursements. Ifthere are no moneysavailable in such fund to pay any such reimbursements, the county may file aclaim against the state pursuant to article 9 of chapter 46, of the KansasStatutes Annotated, and amendments thereto.

      History:   L. 1994, ch. 316, § 4;L. 1995, ch. 193, § 3;L. 1999, ch. 140, § 4;L. 2003, ch. 152, § 2;L. 2007, ch. 170, § 4; July 1.