Article 29a.--COMMITMENT OF SEXUALLY VIOLENT PREDATORS
59-29a06.Same; trial; counsel and experts; indigentpersons; jury, composition, peremptory challenges; provisions notjurisdictional.(a) Within60 days after the completion of any hearing held pursuant to K.S.A. 59-29a05and amendments thereto, the court shall conduct a trial to determine whetherthe person is a sexually violent predator. The trial may be continued upon therequest of either party and a showing of good cause, or by the court on its ownmotion in the due administration of justice, and when the respondent will notbe substantially prejudiced.
(b) At all stages of the proceedings under K.S.A.59-29a01 et seq., and amendments thereto, any person subject toK.S.A. 59-29a01 et seq., and amendmentsthereto, shall be entitled to the assistance of counsel, and if the personis indigent, the court shall appoint counsel to assist such person. Wheneverany person is subjected to an examination under K.S.A.59-29a01 et seq., and amendments thereto, such person may retainexperts or professional persons to perform an examination of such person'sbehalf. When the person wishes to be examined by a qualified expert orprofessional person of such person's own choice, such examiner shall bepermitted to have reasonable access to the person for the purpose of suchexamination, as well as to all relevant medical and psychological records andreports. In the case of a person who is indigent, the court, upon the person'srequest, shall determine whether the services are necessary and reasonablecompensation for such services. If the court determines that the services arenecessary and the expert or professional person's requested compensation forsuch services is reasonable, the court shall assist the person in obtaining anexpert or professional person to perform an examination or participate in thetrial on the person's behalf. The court shall approve payment for such servicesupon the filing of a certified claim for compensation supported by a writtenstatement specifying the time expended, services rendered, expenses incurred onbehalf of the person and compensation received in the same case or for the sameservices from any other source.
(c) The person, the attorney general, or the judge shall have theright to demand that the trial be before a jury. Such demand for the trial tobe before a jury shall be filed, in writing, at least four days prior to trial.Number and selection of jurors shall be determined as provided in K.S.A.22-3403, and amendments thereto. If no demand is made, the trial shall bebefore the court.
(d) A jury shall consist of 12 jurors unless the parties agree inwriting with the approval of the court that the jury shall consist of anynumber of jurors less than 12 jurors. The person and the attorney general shalleach have eight peremptory challenges, or in the case of a jury of less than 12jurors, a proportionally equal number of peremptory challenges.
(e) 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
59-29a06.Same; trial; counsel and experts; indigentpersons; jury, composition, peremptory challenges; provisions notjurisdictional.(a) Within60 days after the completion of any hearing held pursuant to K.S.A. 59-29a05and amendments thereto, the court shall conduct a trial to determine whetherthe person is a sexually violent predator. The trial may be continued upon therequest of either party and a showing of good cause, or by the court on its ownmotion in the due administration of justice, and when the respondent will notbe substantially prejudiced.
(b) At all stages of the proceedings under K.S.A.59-29a01 et seq., and amendments thereto, any person subject toK.S.A. 59-29a01 et seq., and amendmentsthereto, shall be entitled to the assistance of counsel, and if the personis indigent, the court shall appoint counsel to assist such person. Wheneverany person is subjected to an examination under K.S.A.59-29a01 et seq., and amendments thereto, such person may retainexperts or professional persons to perform an examination of such person'sbehalf. When the person wishes to be examined by a qualified expert orprofessional person of such person's own choice, such examiner shall bepermitted to have reasonable access to the person for the purpose of suchexamination, as well as to all relevant medical and psychological records andreports. In the case of a person who is indigent, the court, upon the person'srequest, shall determine whether the services are necessary and reasonablecompensation for such services. If the court determines that the services arenecessary and the expert or professional person's requested compensation forsuch services is reasonable, the court shall assist the person in obtaining anexpert or professional person to perform an examination or participate in thetrial on the person's behalf. The court shall approve payment for such servicesupon the filing of a certified claim for compensation supported by a writtenstatement specifying the time expended, services rendered, expenses incurred onbehalf of the person and compensation received in the same case or for the sameservices from any other source.
(c) The person, the attorney general, or the judge shall have theright to demand that the trial be before a jury. Such demand for the trial tobe before a jury shall be filed, in writing, at least four days prior to trial.Number and selection of jurors shall be determined as provided in K.S.A.22-3403, and amendments thereto. If no demand is made, the trial shall bebefore the court.
(d) A jury shall consist of 12 jurors unless the parties agree inwriting with the approval of the court that the jury shall consist of anynumber of jurors less than 12 jurors. The person and the attorney general shalleach have eight peremptory challenges, or in the case of a jury of less than 12jurors, a proportionally equal number of peremptory challenges.
(e) 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
59-29a06.Same; trial; counsel and experts; indigentpersons; jury, composition, peremptory challenges; provisions notjurisdictional.(a) Within60 days after the completion of any hearing held pursuant to K.S.A. 59-29a05and amendments thereto, the court shall conduct a trial to determine whetherthe person is a sexually violent predator. The trial may be continued upon therequest of either party and a showing of good cause, or by the court on its ownmotion in the due administration of justice, and when the respondent will notbe substantially prejudiced.
(b) At all stages of the proceedings under K.S.A.59-29a01 et seq., and amendments thereto, any person subject toK.S.A. 59-29a01 et seq., and amendmentsthereto, shall be entitled to the assistance of counsel, and if the personis indigent, the court shall appoint counsel to assist such person. Wheneverany person is subjected to an examination under K.S.A.59-29a01 et seq., and amendments thereto, such person may retainexperts or professional persons to perform an examination of such person'sbehalf. When the person wishes to be examined by a qualified expert orprofessional person of such person's own choice, such examiner shall bepermitted to have reasonable access to the person for the purpose of suchexamination, as well as to all relevant medical and psychological records andreports. In the case of a person who is indigent, the court, upon the person'srequest, shall determine whether the services are necessary and reasonablecompensation for such services. If the court determines that the services arenecessary and the expert or professional person's requested compensation forsuch services is reasonable, the court shall assist the person in obtaining anexpert or professional person to perform an examination or participate in thetrial on the person's behalf. The court shall approve payment for such servicesupon the filing of a certified claim for compensation supported by a writtenstatement specifying the time expended, services rendered, expenses incurred onbehalf of the person and compensation received in the same case or for the sameservices from any other source.
(c) The person, the attorney general, or the judge shall have theright to demand that the trial be before a jury. Such demand for the trial tobe before a jury shall be filed, in writing, at least four days prior to trial.Number and selection of jurors shall be determined as provided in K.S.A.22-3403, and amendments thereto. If no demand is made, the trial shall bebefore the court.
(d) A jury shall consist of 12 jurors unless the parties agree inwriting with the approval of the court that the jury shall consist of anynumber of jurors less than 12 jurors. The person and the attorney general shalleach have eight peremptory challenges, or in the case of a jury of less than 12jurors, a proportionally equal number of peremptory challenges.
(e) 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.
