Article 29a.--COMMITMENT OF SEXUALLY VIOLENT PREDATORS
59-29a08.Same; annual examinations; dischargepetitions by personscommitted under this act over the secretary's objection at time of annualexamination, notice to committed person of right, procedure; hearing;transitionalrelease; violating conditions ofrelease.(a) Each person committed under K.S.A. 59-29a01 et seq., and amendmentsthereto, shall have a current examination of theperson's mental condition made once every year. The secretary shall providethe committed person with an annual written notice of the person's right topetition the court for release over the secretary's objection. The notice shallcontain a waiver of rights. The secretary shall also forward the annual report,as well as the annual notice and waiver form, to the court that committed theperson under K.S.A. 59-29a01 et seq., and amendments thereto.The person may retain, or if the person is indigent and so requests the courtmay appoint a qualified professional person to examine such person, and suchexpert or professional person shall have access to all records concerning theperson. The court that committed the person under K.S.A. 59-29a01 et seq., andamendments thereto, shall thenconduct an annual review of the status of the committed person's mentalcondition. The committed person shall have aright to have an attorney represent the person at the hearing but the person isnot entitled to be present at the hearing.
(b) Nothing contained in K.S.A. 59-29a01 et seq., andamendments thereto, shall prohibit the person from otherwise petitioning thecourt for discharge at this hearing.
(c) (1) If the court at the hearing determines that probable causeexiststo believe that the person's mental abnormality or personality disorder has sochanged that the person is safe to be placed in transitional release, then thecourt shall set a hearing on the issue.
(2) The court may order and hold a hearing when: (A) There is currentevidence from an expert or professional person that an identified physiologicalchange to the committed person, such as paralysis, stroke or dementia, thatrenders the committed person unable to commit a sexually violent offense andthis change is permanent; and
(B) the evidence presents a change in condition since the person's lasthearing.
(3) At either hearing, the committed personshall be entitled to be present and entitled to the benefit of allconstitutional protections that were afforded the person at the initialcommitment proceeding. The attorney general shall represent the state and shallhave a right to a jury trial and to have the committed person evaluated byexperts chosen by the state. The committed person shall also have the right tohave experts evaluate the person on the person's behalf and the court shallappoint an expert if the person is indigent and requests an appointment. Theburden of proof at either hearing shall be upon the state toprove beyond areasonable doubt that the committed person's mental abnormality or personalitydisorder remains such that the person is not safe to be placed in transitionalrelease and if transitionally released is likely to engage in acts of sexualviolence.
(d) If, after the hearing, the court or jury is convincedbeyond a reasonable doubt that the person is not appropriate for transitionalrelease, the court shall order that the person remain in secure commitment.Otherwise, the court shall order that the person be placed in transitionalrelease.
(e) If the court determines that the person should beplaced in transitional release, the secretary shall transfer the person to thetransitional release program. The secretary may contract for services to beprovided in the transitional release program. During any period the person isin transitional release, that person shall comply with any rules or regulationsthe secretary may establish for this program and every directive of thetreatment staff of the transitional release program.
(f) At any time during which the person is in thetransitional release program and the treatment staff determines that the personhas violated any rule, regulation or directive associated with the transitionalrelease program, the treatment staff may remove the person from thetransitional release program and return the person to the secure commitmentfacility, or may request the district court to issue an emergency ex parteorder directing any law enforcement officer to take the person into custody andreturn the person to the secure commitment facility. Any such request may bemade verbally or by telephone, but shall be followed in written or facsimileform delivered to the court by not later than 5:00 p.m. of the first day thedistrict court is open for the transaction of business after the verbal ortelephonic request was made.
(g) Upon the person being returned to the secure commitmentfacility from the transitional release program, notice thereof shall be givenby the secretary to the court. The court shall set the matter for a hearingwithin two working days of receipt of notice of the person's having beenreturned to the secure commitment facility and cause notice thereof to be givento the attorney general, the person and the secretary. The attorney generalshall have the burden of proof to show probable cause that the person violatedconditions of transitional release. The hearing shall be to the court. At theconclusion of the hearing the court shall issue an order returning the personto the secure commitment facility or to the transitional release program, andmay order such other further conditions with which the person must comply ifthe person is returned to the transitional release program.
Article 29a.--COMMITMENT OF SEXUALLY VIOLENT PREDATORS
59-29a08.Same; annual examinations; dischargepetitions by personscommitted under this act over the secretary's objection at time of annualexamination, notice to committed person of right, procedure; hearing;transitionalrelease; violating conditions ofrelease.(a) Each person committed under K.S.A. 59-29a01 et seq., and amendmentsthereto, shall have a current examination of theperson's mental condition made once every year. The secretary shall providethe committed person with an annual written notice of the person's right topetition the court for release over the secretary's objection. The notice shallcontain a waiver of rights. The secretary shall also forward the annual report,as well as the annual notice and waiver form, to the court that committed theperson under K.S.A. 59-29a01 et seq., and amendments thereto.The person may retain, or if the person is indigent and so requests the courtmay appoint a qualified professional person to examine such person, and suchexpert or professional person shall have access to all records concerning theperson. The court that committed the person under K.S.A. 59-29a01 et seq., andamendments thereto, shall thenconduct an annual review of the status of the committed person's mentalcondition. The committed person shall have aright to have an attorney represent the person at the hearing but the person isnot entitled to be present at the hearing.
(b) Nothing contained in K.S.A. 59-29a01 et seq., andamendments thereto, shall prohibit the person from otherwise petitioning thecourt for discharge at this hearing.
(c) (1) If the court at the hearing determines that probable causeexiststo believe that the person's mental abnormality or personality disorder has sochanged that the person is safe to be placed in transitional release, then thecourt shall set a hearing on the issue.
(2) The court may order and hold a hearing when: (A) There is currentevidence from an expert or professional person that an identified physiologicalchange to the committed person, such as paralysis, stroke or dementia, thatrenders the committed person unable to commit a sexually violent offense andthis change is permanent; and
(B) the evidence presents a change in condition since the person's lasthearing.
(3) At either hearing, the committed personshall be entitled to be present and entitled to the benefit of allconstitutional protections that were afforded the person at the initialcommitment proceeding. The attorney general shall represent the state and shallhave a right to a jury trial and to have the committed person evaluated byexperts chosen by the state. The committed person shall also have the right tohave experts evaluate the person on the person's behalf and the court shallappoint an expert if the person is indigent and requests an appointment. Theburden of proof at either hearing shall be upon the state toprove beyond areasonable doubt that the committed person's mental abnormality or personalitydisorder remains such that the person is not safe to be placed in transitionalrelease and if transitionally released is likely to engage in acts of sexualviolence.
(d) If, after the hearing, the court or jury is convincedbeyond a reasonable doubt that the person is not appropriate for transitionalrelease, the court shall order that the person remain in secure commitment.Otherwise, the court shall order that the person be placed in transitionalrelease.
(e) If the court determines that the person should beplaced in transitional release, the secretary shall transfer the person to thetransitional release program. The secretary may contract for services to beprovided in the transitional release program. During any period the person isin transitional release, that person shall comply with any rules or regulationsthe secretary may establish for this program and every directive of thetreatment staff of the transitional release program.
(f) At any time during which the person is in thetransitional release program and the treatment staff determines that the personhas violated any rule, regulation or directive associated with the transitionalrelease program, the treatment staff may remove the person from thetransitional release program and return the person to the secure commitmentfacility, or may request the district court to issue an emergency ex parteorder directing any law enforcement officer to take the person into custody andreturn the person to the secure commitment facility. Any such request may bemade verbally or by telephone, but shall be followed in written or facsimileform delivered to the court by not later than 5:00 p.m. of the first day thedistrict court is open for the transaction of business after the verbal ortelephonic request was made.
(g) Upon the person being returned to the secure commitmentfacility from the transitional release program, notice thereof shall be givenby the secretary to the court. The court shall set the matter for a hearingwithin two working days of receipt of notice of the person's having beenreturned to the secure commitment facility and cause notice thereof to be givento the attorney general, the person and the secretary. The attorney generalshall have the burden of proof to show probable cause that the person violatedconditions of transitional release. The hearing shall be to the court. At theconclusion of the hearing the court shall issue an order returning the personto the secure commitment facility or to the transitional release program, andmay order such other further conditions with which the person must comply ifthe person is returned to the transitional release program.
Article 29a.--COMMITMENT OF SEXUALLY VIOLENT PREDATORS
59-29a08.Same; annual examinations; dischargepetitions by personscommitted under this act over the secretary's objection at time of annualexamination, notice to committed person of right, procedure; hearing;transitionalrelease; violating conditions ofrelease.(a) Each person committed under K.S.A. 59-29a01 et seq., and amendmentsthereto, shall have a current examination of theperson's mental condition made once every year. The secretary shall providethe committed person with an annual written notice of the person's right topetition the court for release over the secretary's objection. The notice shallcontain a waiver of rights. The secretary shall also forward the annual report,as well as the annual notice and waiver form, to the court that committed theperson under K.S.A. 59-29a01 et seq., and amendments thereto.The person may retain, or if the person is indigent and so requests the courtmay appoint a qualified professional person to examine such person, and suchexpert or professional person shall have access to all records concerning theperson. The court that committed the person under K.S.A. 59-29a01 et seq., andamendments thereto, shall thenconduct an annual review of the status of the committed person's mentalcondition. The committed person shall have aright to have an attorney represent the person at the hearing but the person isnot entitled to be present at the hearing.
(b) Nothing contained in K.S.A. 59-29a01 et seq., andamendments thereto, shall prohibit the person from otherwise petitioning thecourt for discharge at this hearing.
(c) (1) If the court at the hearing determines that probable causeexiststo believe that the person's mental abnormality or personality disorder has sochanged that the person is safe to be placed in transitional release, then thecourt shall set a hearing on the issue.
(2) The court may order and hold a hearing when: (A) There is currentevidence from an expert or professional person that an identified physiologicalchange to the committed person, such as paralysis, stroke or dementia, thatrenders the committed person unable to commit a sexually violent offense andthis change is permanent; and
(B) the evidence presents a change in condition since the person's lasthearing.
(3) At either hearing, the committed personshall be entitled to be present and entitled to the benefit of allconstitutional protections that were afforded the person at the initialcommitment proceeding. The attorney general shall represent the state and shallhave a right to a jury trial and to have the committed person evaluated byexperts chosen by the state. The committed person shall also have the right tohave experts evaluate the person on the person's behalf and the court shallappoint an expert if the person is indigent and requests an appointment. Theburden of proof at either hearing shall be upon the state toprove beyond areasonable doubt that the committed person's mental abnormality or personalitydisorder remains such that the person is not safe to be placed in transitionalrelease and if transitionally released is likely to engage in acts of sexualviolence.
(d) If, after the hearing, the court or jury is convincedbeyond a reasonable doubt that the person is not appropriate for transitionalrelease, the court shall order that the person remain in secure commitment.Otherwise, the court shall order that the person be placed in transitionalrelease.
(e) If the court determines that the person should beplaced in transitional release, the secretary shall transfer the person to thetransitional release program. The secretary may contract for services to beprovided in the transitional release program. During any period the person isin transitional release, that person shall comply with any rules or regulationsthe secretary may establish for this program and every directive of thetreatment staff of the transitional release program.
(f) At any time during which the person is in thetransitional release program and the treatment staff determines that the personhas violated any rule, regulation or directive associated with the transitionalrelease program, the treatment staff may remove the person from thetransitional release program and return the person to the secure commitmentfacility, or may request the district court to issue an emergency ex parteorder directing any law enforcement officer to take the person into custody andreturn the person to the secure commitment facility. Any such request may bemade verbally or by telephone, but shall be followed in written or facsimileform delivered to the court by not later than 5:00 p.m. of the first day thedistrict court is open for the transaction of business after the verbal ortelephonic request was made.
(g) Upon the person being returned to the secure commitmentfacility from the transitional release program, notice thereof shall be givenby the secretary to the court. The court shall set the matter for a hearingwithin two working days of receipt of notice of the person's having beenreturned to the secure commitment facility and cause notice thereof to be givento the attorney general, the person and the secretary. The attorney generalshall have the burden of proof to show probable cause that the person violatedconditions of transitional release. The hearing shall be to the court. At theconclusion of the hearing the court shall issue an order returning the personto the secure commitment facility or to the transitional release program, andmay order such other further conditions with which the person must comply ifthe person is returned to the transitional release program.
