Article 29a.--COMMITMENT OF SEXUALLY VIOLENT PREDATORS
59-29a19.Conditional release; plan of treatment;minimum term; hearing for final release; violating conditions of plan orrelease.(a) If the court determines that the person should be placedon conditional release, the court, based upon the recommendation of thetreatment staff, shall establish a plan of treatment whichthe person shall be ordered to follow. This plan of treatment mayinclude, but shall not be limited to: Provisions as to where the person shallreside and with whom, taking prescribed medications, attending individual andgroup counseling, maintaining employment, having no contact with children, notfrequenting facilities, locations, events or otherwise in which children arelikely to be present and not engaging in activities in which contact withchildren islikely. Upon a showing by the person that the person accepts theplanof treatment and is prepared to follow it, the court shall release the personfrom the transitional release program.
(b) After a minimum of five years have passed in which the person has beenfree of violations of conditions of such person's treatment plan, the treatmentstaff, or other professionals directed by the court may examine such person todetermine if the person's mental abnormality or personality disorder haschanged so as to warrant suchperson being considered for final discharge.The person preparingthe report shall forward the report to the court. The court shallreview the same. If the court determines that probable cause exists tobelieve that the person's mental abnormality or personality disorder has sochanged that the person is safe to be entitled to final discharge, the courtshall set a formal hearing on the issue. The attorney generalshall have theburden of proof to show beyond a reasonable doubtthat the person's mental abnormality or personality disorderremains such that such person is not appropriate for final discharge. Theperson shall havethesame rights as enumerated in K.S.A. 59-29a06 and amendments thereto. Subsequent to either a court review or a hearing, the court shall issue anappropriate order with findings of fact. The order of the court shall beprovided to the attorney general, the person and the secretary.
(c) If, after a hearing, the court is convinced beyond a reasonable doubtthat the person is not appropriate for final discharge, the court shallcontinue custody of the person with thesecretary for placement in a secure facility, transitional release program orconditional release program. Otherwise, the court shall order the personfinally discharged. In the event the court does not order finaldischarge of the person, the person still retains the right to annual reviews.
(d) At any time during which the person is on conditional releaseand the professional person designated by the court in the treatment plan tomonitor the person's compliance with it determines that the person has violatedany material condition of that plan, that professional person may request thedistrict court to issue an emergency ex parte order directing anylaw enforcement officers to take the person into custody and return the personto the secure commitment facility. Any such request may be made verbally orby telephone, but shall be followed in written or facsimile form delivered tothe court not later than5:00 p.m. of the first daythe district court is open for the transaction of business after the verbal ortelephonic request was made.
(e) Upon the person being returned to the secure commitmentfacility from conditional release, notice thereof shall be given by thesecretary to the court. The court shall set the matter for ahearing within twoworking days of receipt of notice of the person's having been returned to thesecure commitment facility and cause notice thereof to be given to theattorney general, thepersonand the secretary. The attorney generalshall have the burden of proof to showprobable cause that the person violated conditions of conditional release. Thehearing shall be to the court. At theconclusion of the hearing the court shall issue an order returning the personto the secure commitment facility, to the transitional release program or toconditional release, and may order such other further conditions with which theperson must comply if the person is returned to either thetransitional release program or to conditional release.
(f) The final discharge shall not prevent the person from being prosecutedfor any criminal acts which the person is alleged to have committed or frombeing subject in the future to a subsequent commitment under this act.
History: L. 1998, ch. 198, § 2;L. 1999, ch. 140, § 7; July 1.
Article 29a.--COMMITMENT OF SEXUALLY VIOLENT PREDATORS
59-29a19.Conditional release; plan of treatment;minimum term; hearing for final release; violating conditions of plan orrelease.(a) If the court determines that the person should be placedon conditional release, the court, based upon the recommendation of thetreatment staff, shall establish a plan of treatment whichthe person shall be ordered to follow. This plan of treatment mayinclude, but shall not be limited to: Provisions as to where the person shallreside and with whom, taking prescribed medications, attending individual andgroup counseling, maintaining employment, having no contact with children, notfrequenting facilities, locations, events or otherwise in which children arelikely to be present and not engaging in activities in which contact withchildren islikely. Upon a showing by the person that the person accepts theplanof treatment and is prepared to follow it, the court shall release the personfrom the transitional release program.
(b) After a minimum of five years have passed in which the person has beenfree of violations of conditions of such person's treatment plan, the treatmentstaff, or other professionals directed by the court may examine such person todetermine if the person's mental abnormality or personality disorder haschanged so as to warrant suchperson being considered for final discharge.The person preparingthe report shall forward the report to the court. The court shallreview the same. If the court determines that probable cause exists tobelieve that the person's mental abnormality or personality disorder has sochanged that the person is safe to be entitled to final discharge, the courtshall set a formal hearing on the issue. The attorney generalshall have theburden of proof to show beyond a reasonable doubtthat the person's mental abnormality or personality disorderremains such that such person is not appropriate for final discharge. Theperson shall havethesame rights as enumerated in K.S.A. 59-29a06 and amendments thereto. Subsequent to either a court review or a hearing, the court shall issue anappropriate order with findings of fact. The order of the court shall beprovided to the attorney general, the person and the secretary.
(c) If, after a hearing, the court is convinced beyond a reasonable doubtthat the person is not appropriate for final discharge, the court shallcontinue custody of the person with thesecretary for placement in a secure facility, transitional release program orconditional release program. Otherwise, the court shall order the personfinally discharged. In the event the court does not order finaldischarge of the person, the person still retains the right to annual reviews.
(d) At any time during which the person is on conditional releaseand the professional person designated by the court in the treatment plan tomonitor the person's compliance with it determines that the person has violatedany material condition of that plan, that professional person may request thedistrict court to issue an emergency ex parte order directing anylaw enforcement officers to take the person into custody and return the personto the secure commitment facility. Any such request may be made verbally orby telephone, but shall be followed in written or facsimile form delivered tothe court not later than5:00 p.m. of the first daythe district court is open for the transaction of business after the verbal ortelephonic request was made.
(e) Upon the person being returned to the secure commitmentfacility from conditional release, notice thereof shall be given by thesecretary to the court. The court shall set the matter for ahearing within twoworking days of receipt of notice of the person's having been returned to thesecure commitment facility and cause notice thereof to be given to theattorney general, thepersonand the secretary. The attorney generalshall have the burden of proof to showprobable cause that the person violated conditions of conditional release. Thehearing shall be to the court. At theconclusion of the hearing the court shall issue an order returning the personto the secure commitment facility, to the transitional release program or toconditional release, and may order such other further conditions with which theperson must comply if the person is returned to either thetransitional release program or to conditional release.
(f) The final discharge shall not prevent the person from being prosecutedfor any criminal acts which the person is alleged to have committed or frombeing subject in the future to a subsequent commitment under this act.
History: L. 1998, ch. 198, § 2;L. 1999, ch. 140, § 7; July 1.
Article 29a.--COMMITMENT OF SEXUALLY VIOLENT PREDATORS
59-29a19.Conditional release; plan of treatment;minimum term; hearing for final release; violating conditions of plan orrelease.(a) If the court determines that the person should be placedon conditional release, the court, based upon the recommendation of thetreatment staff, shall establish a plan of treatment whichthe person shall be ordered to follow. This plan of treatment mayinclude, but shall not be limited to: Provisions as to where the person shallreside and with whom, taking prescribed medications, attending individual andgroup counseling, maintaining employment, having no contact with children, notfrequenting facilities, locations, events or otherwise in which children arelikely to be present and not engaging in activities in which contact withchildren islikely. Upon a showing by the person that the person accepts theplanof treatment and is prepared to follow it, the court shall release the personfrom the transitional release program.
(b) After a minimum of five years have passed in which the person has beenfree of violations of conditions of such person's treatment plan, the treatmentstaff, or other professionals directed by the court may examine such person todetermine if the person's mental abnormality or personality disorder haschanged so as to warrant suchperson being considered for final discharge.The person preparingthe report shall forward the report to the court. The court shallreview the same. If the court determines that probable cause exists tobelieve that the person's mental abnormality or personality disorder has sochanged that the person is safe to be entitled to final discharge, the courtshall set a formal hearing on the issue. The attorney generalshall have theburden of proof to show beyond a reasonable doubtthat the person's mental abnormality or personality disorderremains such that such person is not appropriate for final discharge. Theperson shall havethesame rights as enumerated in K.S.A. 59-29a06 and amendments thereto. Subsequent to either a court review or a hearing, the court shall issue anappropriate order with findings of fact. The order of the court shall beprovided to the attorney general, the person and the secretary.
(c) If, after a hearing, the court is convinced beyond a reasonable doubtthat the person is not appropriate for final discharge, the court shallcontinue custody of the person with thesecretary for placement in a secure facility, transitional release program orconditional release program. Otherwise, the court shall order the personfinally discharged. In the event the court does not order finaldischarge of the person, the person still retains the right to annual reviews.
(d) At any time during which the person is on conditional releaseand the professional person designated by the court in the treatment plan tomonitor the person's compliance with it determines that the person has violatedany material condition of that plan, that professional person may request thedistrict court to issue an emergency ex parte order directing anylaw enforcement officers to take the person into custody and return the personto the secure commitment facility. Any such request may be made verbally orby telephone, but shall be followed in written or facsimile form delivered tothe court not later than5:00 p.m. of the first daythe district court is open for the transaction of business after the verbal ortelephonic request was made.
(e) Upon the person being returned to the secure commitmentfacility from conditional release, notice thereof shall be given by thesecretary to the court. The court shall set the matter for ahearing within twoworking days of receipt of notice of the person's having been returned to thesecure commitment facility and cause notice thereof to be given to theattorney general, thepersonand the secretary. The attorney generalshall have the burden of proof to showprobable cause that the person violated conditions of conditional release. Thehearing shall be to the court. At theconclusion of the hearing the court shall issue an order returning the personto the secure commitment facility, to the transitional release program or toconditional release, and may order such other further conditions with which theperson must comply if the person is returned to either thetransitional release program or to conditional release.
(f) The final discharge shall not prevent the person from being prosecutedfor any criminal acts which the person is alleged to have committed or frombeing subject in the future to a subsequent commitment under this act.
History: L. 1998, ch. 198, § 2;L. 1999, ch. 140, § 7; July 1.
