State Codes and Statutes
Statutes > Kansas > Chapter59 > Article29a > Statutes_2369459-29a18
59-29a18. Conditional release; examination by staff;report; review and hearing by court; orders.(a) During any period the person is in transitionalrelease, the person committed under this act at least annually, and atany other time deemed appropriate by the treatment staff, shall be examined bythe treatment staff to determine if the person's mental abnormality orpersonality disorder has so changed so as to warrant such person beingconsidered for conditional release. The treatment staff shall forward areport of its examination to the court. The court shall review thesame. If the court determines that probable cause exists to believe thatthe person's mental abnormality or personality disorder has so changed that theperson is safe to be placed in conditional release, the court shall then set ahearing on the issue. The attorney general shall have the burden of proof toshow beyond a reasonable doubt that the person's mental abnormality orpersonality disorder remains such that the person is not safe tobe at large and that if placed on conditional release is likely to engage inrepeat acts of sexual violence. The person shall have the samerights as enumerated in K.S.A. 59-29a06 and amendments thereto. Subsequent toeither a court review or a hearing, the court shall issue an appropriate orderwith findings of fact. The order of the court shall be provided tothe attorney general, the person and the secretary.
(b) If, after the hearing, the court is convinced beyond a reasonable doubtthat the person is not appropriate for conditional release, the courtshall order that the person remain either in secure commitment or intransitional release. Otherwise, the court shall order that the person beplaced on conditional release.
History: L. 1998, ch. 198, § 1;L. 1999, ch. 140, § 6; July 1.
