Session of 1998
                   
HOUSE BILL No. 2859
         
By Committee on Judiciary
         
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            9             AN ACT concerning the state security hospital at Larned; amending
10             K.S.A. 76-1305, 76-1306 and 76-1307 and repealing the existing
11             sections.
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13       Be it enacted by the Legislature of the State of Kansas:
14           Section 1. K.S.A. 76-1305 is hereby amended to read as follows:
15       76-1305. The secretary of social and rehabilitation services is authorized
16       and directed to establish, equip and maintain, in connection with and as
17       a part of the Larned state hospital, suitable buildings to be known as the
18       ``state security hospital'' for the purpose of holding in custody, examining,
19       treating and caring for such mentally ill persons as may be committed or
20       ordered to the state security hospital by courts of criminal jurisdiction or
21       inmates with mental illness who are transferred for care or treatment to
22       the state security hospital from   (tri-stars)e a correctional institution under the
23       control of the secretary of corrections, or patients   or persons with a men-
24       tal illness, other than minors   and voluntary patients, who are transferred
25       for care or treatment to the state security hospital from any institution
26       under the jurisdiction of the secretary of social and rehabilitation services.
27       The secretary of social and rehabilitation services is hereby authorized
28       and empowered to supervise and manage the state security hospital. The
29       superintendent of the Larned state hospital shall act as the superinten-
30       dent of the state security hospital.
31           Sec. 2. K.S.A. 76-1306 is hereby amended to read as follows: 76-
32       1306. The secretary of social and rehabilitation services may transfer any
33       patient   or person, other than a minor   or a voluntary patient, in any insti-
34       tution under the supervision of   said the secretary to the state security
35       hospital whenever the secretary determines that such patient   or person
36       is suffering from a mental illness and   because of the behavior of the
37       patient or person when the secretary determines that   such patient or
38       person: (1) Due to the behavior of the patient, the patient is a danger to
39       the other patients   or persons in the institution   or; (2) that the patient   or
40       person is a security risk; or (3) that the patient is charged or convicted of
41       felony crimes and, therefore, is unable to receive proper care or treatment
42       in a facility other than the state security hospital. Any patient   or person
43       transferred to the state security hospital under this section shall be as-

HB 2859

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  1       signed quarters separate from those individuals who have been trans-
  2       ferred from penal institutions or committed thereto by courts under the
  3       Kansas code of criminal procedure.
  4           Sec. 3. K.S.A. 76-1307 is hereby amended to read as follows: 76-
  5       1307. (a) Any patient   or person transferred to the state security hospital
  6       by the secretary of social and rehabilitation services from an institution
  7       under the supervision of the secretary of social and rehabilitation services
  8       shall: (1) Be assigned quarters separate from those individuals who have
  9       been transferred from correctional institutions or committed to the state
10       security hospital by courts pursuant to the Kansas code of criminal pro-
11       cedure; and (2) remain subject to the same statutory provisions applicable
12       to the patient   or person at the institution from which the patient   or person
13       was transferred and in addition shall abide by and be subject to all the
14       rules and regulations of the state security hospital not inconsistent with
15       such statutory provisions.
16           (b) The next of kin and guardian, if one has been appointed, of the
17       patient   or person transferred to the state security hospital by the secretary
18       of social and rehabilitation services under K.S.A. 76-1306 and amend-
19       ments thereto shall be notified of the transfer. If the patient   or person
20       was committed to the sending institution   from which the patient or person
21       is being transferred by a court, notice of the transfer shall be sent to the
22       committing court. The notice of transfer shall be given within a reasonable
23       time after the date of the transfer.
24           Sec. 4. K.S.A. 76-1305, 76-1306 and 76-1307 are hereby repealed.
25           Sec. 5. This act shall take effect and be in force from and after its
26       publication in the statute book.
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