Article 29a.--COMMITMENT OF SEXUALLY VIOLENT PREDATORS
59-29a07.Same; determination; commitment procedure;interagencyagreements; mistrials; persons committed and later taken into custody afterparole, arrest or conviction, procedure; persons found incompetent to standtrial, procedure.(a) The court or jury shall determine whether, beyond a reasonable doubt, theperson is a sexually violent predator. If such determination that the person isa sexually violent predator is made by a jury, such determination shall be byunanimous verdict of such jury. Such determination may be appealed. If thecourt or jury determines that the person is a sexually violent predator, theperson shall be committed to the custody of the secretary of social andrehabilitation services for control, care and treatment until such time as theperson's mental abnormality or personality disorder has so changed that theperson is safe to be at large. Such control, care and treatment shall beprovided at a facility operated by the department of social and rehabilitationservices.
(b) At all times, persons committed for control, care and treatment bythe department of social and rehabilitation services pursuant to K.S.A.59-29a01 et seq., and amendments thereto,shall be kept in a secure facility and such persons shall be segregated at alltimes from any other patient under the supervision of the secretary of socialand rehabilitation services and commencing June 1, 1995, such persons committedpursuant to K.S.A. 59-29a01 et seq., andamendments thereto, shall be kept in a facility or building separate fromany other patient under the supervision of the secretary.The provisions of this subsection shall apply to any facility or buildingutilized in any transitional release program or conditional releaseprogram.
(c) The department of social and rehabilitation services is authorizedto enter into an interagency agreement with the department of corrections forthe confinement of such persons. Such persons who are in the confinement of thesecretary of corrections pursuant to an interagency agreement shall be housedand managed separately from offenders in the custody of the secretary ofcorrections, and except for occasional instances of supervised incidentalcontact, shall be segregated from such offenders.
(d) If any person while committed to the custody of the secretarypursuant to K.S.A. 59-29a01 et seq., andamendments thereto, shall be taken into custody by any law enforcementofficer as defined in K.S.A. 21-3110 and amendments thereto pursuant to anyparole revocation proceeding or any arrest or conviction for a criminal offenseof any nature, upon the person's release from the custody of any lawenforcement officer, the person shall be returned to the custody of thesecretary for further treatment pursuant to K.S.A. 59-29a01et seq., and amendments thereto. During any such period of timea person is not in the actual custody or supervision of the secretary, thesecretary shall be excused from the provisions of K.S.A. 59-29a08 andamendments thereto, with regard to providing that person an annual examination,annual notice and annual report to the court, except that the secretary shallgive notice to the court as soon as reasonably possible after the taking of theperson into custody that the person is no longer in treatment pursuant toK.S.A. 59-29a01 et seq., and amendmentsthereto, and notice to the court when the person is returned to the custodyof the secretary for further treatment.
(e) If the court or jury is not satisfied beyond a reasonable doubtthat the person is a sexually violent predator, the court shall direct theperson's release.
(f) Upon a mistrial, the court shall direct that the person be held atan appropriate secure facility, including, but not limited to, a county jail,until another trial is conducted. Any subsequent trial following a mistrialshall be held within 90 days of the previous trial, unless such subsequenttrial is continued as provided in K.S.A. 59-29a06 and amendments thereto.
(g) If the person charged with a sexually violent offensehas been found incompetent to stand trial, and is about to be released pursuantto K.S.A. 22-3305 and amendments thereto, and such person's commitment issought pursuant to subsection (a), the court shall first hear evidence anddetermine whether the person did commit the act or acts charged. The hearing onthis issue must comply with all the procedures specified in this section. Inaddition, the rules of evidence applicable in criminal cases shall apply, andall constitutional rights available to defendants at criminal trials, otherthan the right not to be tried while incompetent, shall apply. After hearingevidence on this issue, the court shall make specific findings on whether theperson did commit the act or acts charged, the extent to which the person'sincompetence or developmental disability affected the outcome of the hearing,including its effect on the person's ability to consult with and assist counseland to testify on such person's own behalf, the extent to which the evidencecould be reconstructed without the assistance of the person and the strength ofthe prosecution's case. If after the conclusion of the hearing on this issue,the court finds, beyond a reasonable doubt, that the person did commit the actor acts charged, the court shall enter a final order, appealable by the person,on that issue, and may proceed to consider whether the person should becommitted pursuant to this section.
Article 29a.--COMMITMENT OF SEXUALLY VIOLENT PREDATORS
59-29a07.Same; determination; commitment procedure;interagencyagreements; mistrials; persons committed and later taken into custody afterparole, arrest or conviction, procedure; persons found incompetent to standtrial, procedure.(a) The court or jury shall determine whether, beyond a reasonable doubt, theperson is a sexually violent predator. If such determination that the person isa sexually violent predator is made by a jury, such determination shall be byunanimous verdict of such jury. Such determination may be appealed. If thecourt or jury determines that the person is a sexually violent predator, theperson shall be committed to the custody of the secretary of social andrehabilitation services for control, care and treatment until such time as theperson's mental abnormality or personality disorder has so changed that theperson is safe to be at large. Such control, care and treatment shall beprovided at a facility operated by the department of social and rehabilitationservices.
(b) At all times, persons committed for control, care and treatment bythe department of social and rehabilitation services pursuant to K.S.A.59-29a01 et seq., and amendments thereto,shall be kept in a secure facility and such persons shall be segregated at alltimes from any other patient under the supervision of the secretary of socialand rehabilitation services and commencing June 1, 1995, such persons committedpursuant to K.S.A. 59-29a01 et seq., andamendments thereto, shall be kept in a facility or building separate fromany other patient under the supervision of the secretary.The provisions of this subsection shall apply to any facility or buildingutilized in any transitional release program or conditional releaseprogram.
(c) The department of social and rehabilitation services is authorizedto enter into an interagency agreement with the department of corrections forthe confinement of such persons. Such persons who are in the confinement of thesecretary of corrections pursuant to an interagency agreement shall be housedand managed separately from offenders in the custody of the secretary ofcorrections, and except for occasional instances of supervised incidentalcontact, shall be segregated from such offenders.
(d) If any person while committed to the custody of the secretarypursuant to K.S.A. 59-29a01 et seq., andamendments thereto, shall be taken into custody by any law enforcementofficer as defined in K.S.A. 21-3110 and amendments thereto pursuant to anyparole revocation proceeding or any arrest or conviction for a criminal offenseof any nature, upon the person's release from the custody of any lawenforcement officer, the person shall be returned to the custody of thesecretary for further treatment pursuant to K.S.A. 59-29a01et seq., and amendments thereto. During any such period of timea person is not in the actual custody or supervision of the secretary, thesecretary shall be excused from the provisions of K.S.A. 59-29a08 andamendments thereto, with regard to providing that person an annual examination,annual notice and annual report to the court, except that the secretary shallgive notice to the court as soon as reasonably possible after the taking of theperson into custody that the person is no longer in treatment pursuant toK.S.A. 59-29a01 et seq., and amendmentsthereto, and notice to the court when the person is returned to the custodyof the secretary for further treatment.
(e) If the court or jury is not satisfied beyond a reasonable doubtthat the person is a sexually violent predator, the court shall direct theperson's release.
(f) Upon a mistrial, the court shall direct that the person be held atan appropriate secure facility, including, but not limited to, a county jail,until another trial is conducted. Any subsequent trial following a mistrialshall be held within 90 days of the previous trial, unless such subsequenttrial is continued as provided in K.S.A. 59-29a06 and amendments thereto.
(g) If the person charged with a sexually violent offensehas been found incompetent to stand trial, and is about to be released pursuantto K.S.A. 22-3305 and amendments thereto, and such person's commitment issought pursuant to subsection (a), the court shall first hear evidence anddetermine whether the person did commit the act or acts charged. The hearing onthis issue must comply with all the procedures specified in this section. Inaddition, the rules of evidence applicable in criminal cases shall apply, andall constitutional rights available to defendants at criminal trials, otherthan the right not to be tried while incompetent, shall apply. After hearingevidence on this issue, the court shall make specific findings on whether theperson did commit the act or acts charged, the extent to which the person'sincompetence or developmental disability affected the outcome of the hearing,including its effect on the person's ability to consult with and assist counseland to testify on such person's own behalf, the extent to which the evidencecould be reconstructed without the assistance of the person and the strength ofthe prosecution's case. If after the conclusion of the hearing on this issue,the court finds, beyond a reasonable doubt, that the person did commit the actor acts charged, the court shall enter a final order, appealable by the person,on that issue, and may proceed to consider whether the person should becommitted pursuant to this section.
Article 29a.--COMMITMENT OF SEXUALLY VIOLENT PREDATORS
59-29a07.Same; determination; commitment procedure;interagencyagreements; mistrials; persons committed and later taken into custody afterparole, arrest or conviction, procedure; persons found incompetent to standtrial, procedure.(a) The court or jury shall determine whether, beyond a reasonable doubt, theperson is a sexually violent predator. If such determination that the person isa sexually violent predator is made by a jury, such determination shall be byunanimous verdict of such jury. Such determination may be appealed. If thecourt or jury determines that the person is a sexually violent predator, theperson shall be committed to the custody of the secretary of social andrehabilitation services for control, care and treatment until such time as theperson's mental abnormality or personality disorder has so changed that theperson is safe to be at large. Such control, care and treatment shall beprovided at a facility operated by the department of social and rehabilitationservices.
(b) At all times, persons committed for control, care and treatment bythe department of social and rehabilitation services pursuant to K.S.A.59-29a01 et seq., and amendments thereto,shall be kept in a secure facility and such persons shall be segregated at alltimes from any other patient under the supervision of the secretary of socialand rehabilitation services and commencing June 1, 1995, such persons committedpursuant to K.S.A. 59-29a01 et seq., andamendments thereto, shall be kept in a facility or building separate fromany other patient under the supervision of the secretary.The provisions of this subsection shall apply to any facility or buildingutilized in any transitional release program or conditional releaseprogram.
(c) The department of social and rehabilitation services is authorizedto enter into an interagency agreement with the department of corrections forthe confinement of such persons. Such persons who are in the confinement of thesecretary of corrections pursuant to an interagency agreement shall be housedand managed separately from offenders in the custody of the secretary ofcorrections, and except for occasional instances of supervised incidentalcontact, shall be segregated from such offenders.
(d) If any person while committed to the custody of the secretarypursuant to K.S.A. 59-29a01 et seq., andamendments thereto, shall be taken into custody by any law enforcementofficer as defined in K.S.A. 21-3110 and amendments thereto pursuant to anyparole revocation proceeding or any arrest or conviction for a criminal offenseof any nature, upon the person's release from the custody of any lawenforcement officer, the person shall be returned to the custody of thesecretary for further treatment pursuant to K.S.A. 59-29a01et seq., and amendments thereto. During any such period of timea person is not in the actual custody or supervision of the secretary, thesecretary shall be excused from the provisions of K.S.A. 59-29a08 andamendments thereto, with regard to providing that person an annual examination,annual notice and annual report to the court, except that the secretary shallgive notice to the court as soon as reasonably possible after the taking of theperson into custody that the person is no longer in treatment pursuant toK.S.A. 59-29a01 et seq., and amendmentsthereto, and notice to the court when the person is returned to the custodyof the secretary for further treatment.
(e) If the court or jury is not satisfied beyond a reasonable doubtthat the person is a sexually violent predator, the court shall direct theperson's release.
(f) Upon a mistrial, the court shall direct that the person be held atan appropriate secure facility, including, but not limited to, a county jail,until another trial is conducted. Any subsequent trial following a mistrialshall be held within 90 days of the previous trial, unless such subsequenttrial is continued as provided in K.S.A. 59-29a06 and amendments thereto.
(g) If the person charged with a sexually violent offensehas been found incompetent to stand trial, and is about to be released pursuantto K.S.A. 22-3305 and amendments thereto, and such person's commitment issought pursuant to subsection (a), the court shall first hear evidence anddetermine whether the person did commit the act or acts charged. The hearing onthis issue must comply with all the procedures specified in this section. Inaddition, the rules of evidence applicable in criminal cases shall apply, andall constitutional rights available to defendants at criminal trials, otherthan the right not to be tried while incompetent, shall apply. After hearingevidence on this issue, the court shall make specific findings on whether theperson did commit the act or acts charged, the extent to which the person'sincompetence or developmental disability affected the outcome of the hearing,including its effect on the person's ability to consult with and assist counseland to testify on such person's own behalf, the extent to which the evidencecould be reconstructed without the assistance of the person and the strength ofthe prosecution's case. If after the conclusion of the hearing on this issue,the court finds, beyond a reasonable doubt, that the person did commit the actor acts charged, the court shall enter a final order, appealable by the person,on that issue, and may proceed to consider whether the person should becommitted pursuant to this section.
