[As Amended by House Committee of the
Whole]
As Amended by House Committee
Session of 1999
HOUSE BILL No. 2553
By Committee on Federal and State Affairs
3-8
11 AN ACT
concerning the civil commitment of sexually violent predators;
12 amending K.S.A.
59-29a01 and K.S.A. 1998 Supp. 59-29a02, 59-29a03,
13 59-29a04, 59-29a07,
59-29a18 and 59-29a19 and repealing the existing
14 sections.
15
16 Be it enacted by the Legislature of the
State of Kansas:
17 [New Section. 1. K.S.A.
59-29a01, et seq., and amendments
18 thereto, shall be known and may be cited
as "Stephanie's Law," in
19 memory of Stephanie Schmidt, a 19-year
old Kansas woman whose
20 life was taken on June 30, 1993, by a
previously convicted sex of-
21 fender and whose death served as the
impetus for this law.]
22 Section 1.
[2.] K.S.A. 59-29a01 is hereby amended to read as
follows:
23 59-29a01. The legislature finds that
a small but there exists an extremely
24 dangerous group of sexually violent
predators exist who do not have
a
25 mental disease or defect that
renders them appropriate for involuntary
26 treatment pursuant to the treatment
act for mentally ill persons defined
27 in K.S.A. 59-2901 et seq. and
amendments thereto, which is intended to
28 provide short-term treatment to
individuals with serious mental disorders
29 and then return them to the
community. In contrast to persons appro-
30 priate for civil commitment under
K.S.A. 59-2901 et seq. and
amend-
31 ments thereto, sexually violent
predators generally have antisocial per-
32 sonality features which are
unamenable to existing mental illness
33 treatment modalities and those
features render them likely to engage in
34 sexually violent behavior. The
legislature further finds that sexually violent
35 predators' likelihood of engaging
in repeat acts of predatory sexual vio-
36 lence is high. The existing
involuntary commitment procedure pursuant
37 to the treatment act for mentally
ill persons defined in K.S.A. 59-2901
et
38 seq. and
amendments thereto is inadequate to address the risk these
sex-
39 ually violent predators pose to
society. The legislature further finds that
40 the prognosis for rehabilitating
sexually violent predators in a prison set-
41 ting is poor, the treatment needs
of this population are very long term
42 and the treatment modalities for
this population are very different than
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2
1 the traditional treatment
modalities for people appropriate for commit-
2 ment under the treatment act
for mentally ill persons defined in K.S.A.
3 59-2901 et seq. and
amendments thereto, therefore a civil commitment
4 procedure for the long-term
care and treatment of the sexually violent
5 predator is found to be
necessary by the legislature abnormality or
per-
6 sonality disorder and who
have a significant likelihood are
likely to en-
7 gage in repeat acts of sexual
violence if not treated for their mental ab-
8 normality or personality disorder.
Because the existing civil commitment
9 procedures under K.S.A.
59-2901 et seq. and amendments thereto are
10 inadequate to address the special needs
of sexually violent predators and
11 the risks they present to society, the
legislature determines that a separate
12 involuntary civil commitment process for
the potentially long-term con-
13 trol, care and treatment of sexually
violent predators is necessary. The
14 legislature also determines that because
of the nature of the mental ab-
15 normalities or personality disorders
from which sexually violent predators
16 suffer, and the dangers they present, it
is necessary to house involuntarily
17 committed sexually violent predators in
an environment separate from
18 persons involuntarily committed under
K.S.A. 59-2901 et seq.
19 Sec.
2. [3.] K.S.A. 1998 Supp. 59-29a02 is
hereby amended to read
20 as follows: 59-29a02. As used in this
act:
21 (a) "Sexually
violent predator" means any person who has been con-
22 victed of or charged with a sexually
violent offense and who suffers from
23 a mental abnormality or personality
disorder which makes the person
24 likely to engage in the
predatory repeat acts of sexual violence.
25 (b) "Mental
abnormality" means a congenital or acquired condition
26 affecting the emotional or volitional
capacity which predisposes the per-
27 son to commit sexually violent offenses in
a degree constituting such per-
28 son a menace to the health and safety of
others.
29
(c) "Predatory" means acts directed towards strangers
or individuals
30 with whom relationships have been
established or promoted for the pri-
31 mary purpose of
victimization. "Likely to engage in repeat
acts of sexual
32 violence" means the person's propensity
to commit acts of sexual violence
33 is of such a degree as to pose a menace
to the health and safety of others.
34 (d) "Sexually
motivated" means that one of the purposes for which
35 the defendant committed the crime was for
the purpose of the defend-
36 ant's sexual gratification.
37 (e) "Sexually
violent offense" means:
38 (1) Rape as
defined in K.S.A. 21-3502 and amendments thereto;
39 (2) indecent
liberties with a child as defined in K.S.A. 21-3503 and
40 amendments thereto;
41 (3) aggravated
indecent liberties with a child as defined in K.S.A. 21-
42 3504 and amendments thereto;
43 (4) criminal
sodomy as defined in subsection (a)(2) and (a)(3) of
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3
1 K.S.A. 21-3505 and amendments
thereto;
2
(5) aggravated criminal sodomy as defined in K.S.A. 21-3506
and
3 amendments thereto;
4
(6) indecent solicitation of a child as defined in K.S.A.
21-3510 and
5 amendments thereto;
6
(7) aggravated indecent solicitation of a child as defined in
K.S.A.
7 21-3511 and amendments thereto;
8 (8) sexual
exploitation of a child as defined in K.S.A. 21-3516 and
9 amendments thereto;
10 (9) aggravated
sexual battery as defined in K.S.A. 21-3518 and
11 amendments thereto;
12
(10) incest as defined in K.S.A. 21-3602 and
amendments thereto;
13
(11) aggravated incest as defined in K.S.A.
21-3603 and amendments
14 thereto;
15
(12) (11) any conviction for a
felony offense in effect at any time
16 prior to the effective date of this act,
that is comparable to a sexually
17 violent offense as defined in subparagraphs
(1) through (9) (11) or any
18 federal or other state conviction for a
felony offense that under the laws
19 of this state would be a sexually violent
offense as defined in this section;
20 (11)
(13) (12) an attempt,
conspiracy or criminal solicitation, as de-
21 fined in K.S.A. 21-3301, 21-3302 and
21-3303, and amendments thereto,
22 of a sexually violent offense as defined in
this subsection; or
23 (12)
(14) (13) any act which either
at the time of sentencing for the
24 offense or subsequently during civil
commitment proceedings pursuant
25 to this act, has been determined beyond a
reasonable doubt to have been
26 sexually motivated.
27 (f) "Agency with
jurisdiction" means that agency which releases upon
28 lawful order or authority a person serving
a sentence or term of confine-
29 ment and includes the department of
corrections, the department of so-
30 cial and rehabilitation services and the
Kansas parole board.
31 (g) "Person"
means an individual who is a potential or actual subject
32 of proceedings under this act.
33 (h) "Treatment
staff" means the persons, agencies or firms employed
34 by or contracted with the secretary to
provide treatment, supervision or
35 other services at the sexually violent
predator facility.
36 (i) "Transitional
release" means any halfway house, work release or
37 other placement designed to assist the
person's adjustment and reinte-
38 gration into the community once released
from commitment.
39 (j) "Secretary"
means the secretary of the department of social and
40 rehabilitation services.
41 Sec.
3. K.S.A. 1998 Supp. 59-29a03 is hereby amended to read
as
42 follows: 59-29a03. (a) When it
appears that a person may meet the cri-
43 teria of a sexually violent
predator as defined in K.S.A. 59-29a02 and
HB 2553--Am. by HCW
4
1 amendments thereto, the
agency with jurisdiction shall give written notice
2 of such to the attorney
general and the multidisciplinary team established
3 in subsection (d), 90 days
prior to The attorney general and the
multidis-
4 ciplinary team shall be
given notice by the agency with jurisdiction of
the
5 release or related hearing
thereto as provided in this section of a person
6 who has been convicted of
a sexually violent offense, prior
to:
7
(1) The anticipated release from total confinement of a person
who
8 has been convicted of a
sexually violent offense, except that in the case
9 of persons who are returned
to prison for no more than 90 days as a result
10 of revocation of postrelease
supervision, written notice shall be given as
11 soon as practicable following the
person's readmission to prison from
the
12 department of
corrections;
13
(2) release of a person who has been charged with a sexually
violent
14 offense and who has been determined
to be incompetent to stand trial
15 pursuant to K.S.A. 22-3305 and
amendments thereto;
16
(3) release of a person who has been found not guilty by
reason of
17 insanity of a sexually violent
offense pursuant to K.S.A. 22-3428 and
18 amendments thereto; or
the anticipated hearing regarding possible
re-
19 lease from confinement pursuant
to a finding of not guilty by reason of
20 mental illness pursuant to
K.S.A. 22-3428 and amendments thereto or
21 guilty but mentally ill pursuant
to K.S.A. 22-3420 and amendments
22 thereto;
23
(3) the anticipated hearing on competency to stand trial after
a find-
24 ing of incompetency to stand
trial on a charge of a sexually violent offense;
25 or
26
(4) release after a
finding of a person who has been found not
guilty
27 of a sexually violent offense
pursuant to K.S.A. 22-3428, and amendments
28 thereto, and
when the jury who returned the
verdict of not guilty answers
29 answered in
the affirmative to the special question asked pursuant
to
30 K.S.A. 22-3221
and amendments
thereto.
31 (b) The
agency with jurisdiction shall inform the attorney
general
32 and the multidisciplinary team
established in subsection (d) of the
33 following:
34
(1) The Notice shall include
the person's name, identifying
factors,
35 anticipated future residence and
offense history; and
36
(2), documentation of
institutional adjustment and any treatment
37 received,
treatment records and anticipated future
residence.
38 (c) The
agency with jurisdiction, its employees, officials,
members
39 of the multidisciplinary team
established in subsection (d), members of
40 the prosecutor's review committee
appointed as provided in subsection
41 (e) and individuals contracting,
appointed or volunteering to perform
42 services hereunder shall be immune
from liability for any good-faith con-
43 duct under this
section.
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1
(d) The secretary of corrections shall establish
appoint a multidis-
2 ciplinary team which may
include individuals from other state agencies
3 to review available records
of each person referred to such team pursuant
4 to subsection (a). The team,
within 30 days of receiving notice, shall assess
5 whether or not the person
meets the definition of a sexually violent pred-
6 ator, as established in
K.S.A. 59-29a02 and amendments thereto. The
7 team shall notify the
attorney general of its assessment.
8
(e) The attorney general shall appoint a prosecutor's review
com-
9 mittee to review the records
of each person referred to the attorney gen-
10 eral pursuant to subsection (a).
The prosecutor's review committee shall
11 assist the attorney general in the
determination of whether or not the
12 person meets the definition of a
sexually violent predator. The assessment
13 of the multidisciplinary team shall
be made available to the attorney gen-
14 eral and the prosecutor's review
committee.
15
4. K.S.A. 1998 Supp. 59-29a04 is hereby amended to
read as follows:
16 59-29a04. When it appears that the
person presently confined may be a
17 sexually violent predator and the
prosecutor's review committee ap-
18 pointed as provided in subsection
(e) of K.S.A. 59-29a03 and amendments
19 thereto has determined that the
person Upon receiving the
multidiscipli-
20 nary team's findings, when the
attorney general determines that a person
21 meets the definition of a sexually
violent predator as defined in this
act,
22 the attorney general may file a
petition, within 75 days of the date the
23 attorney general received the
written notice by the agency of jurisdiction
24 as provided in subsection (a) of
K.S.A. 59-29a03 and amendments thereto,
25 alleging that the person is a
sexually violent predator and stating sufficient
26 facts to support such
allegation.
27 Sec.
3. [4.] K.S.A. 1998 Supp.
59-29a03 is hereby amended to
28 read as follows: 59-29a03. (a) When
it appears that a person may
29 meet the criteria of a sexually violent
predator as defined in K.S.A.
30 59-29a02 and amendments thereto, the
agency with jurisdiction
31 shall give written notice of such to the
attorney general and the
32 multidisciplinary team established in
subsection (d), 90 days prior
33 to:
34 (1) The
anticipated release from total confinement of a person
35 who has been convicted of a sexually
violent offense, except that
36 in the case of persons who are returned
to prison for no more than
37 90 days as a result of revocation of
postrelease supervision, written
38 notice shall be given as soon as
practicable following the person's
39 readmission to prison;
40 (2) release of
a person who has been charged with a sexually
41 violent offense and who has been
determined to be incompetent
42 to stand trial pursuant to K.S.A.
22-3305 and amendments thereto;
43 (3) release of
a person who has been found not guilty by reason
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1 of insanity of a sexually violent
offense pursuant to K.S.A. 22-3428
2 and amendments thereto; or
3
(4) release of a person who has been found not guilty of
a
4 sexually violent offense pursuant
to K.S.A. 22-3428, and amend-
5 ments thereto, and the jury who
returned the verdict of not guilty
6 answers in the affirmative to the
special question asked pursuant
7 to K.S.A. 22-3221.
8 (b) The
agency with jurisdiction shall inform the attorney gen-
9 eral and the multidisciplinary
team established in subsection (d)
10 of the following:
11 (1) The
person's name, identifying factors, anticipated future
12 residence and offense history;
and
13
(2) documentation of institutional adjustment and any
treat-
14 ment received.
15 (c) The agency
with jurisdiction, its employees, officials, mem-
16 bers of the multidisciplinary team
established in subsection (d),
17 members of the prosecutor's review
committee appointed as pro-
18 vided in subsection (e) and individuals
contracting, appointed or
19 volunteering to perform services
hereunder shall be immune from
20 liability for any good-faith conduct
under this section.
21 (d) The
secretary of corrections shall establish a multidiscipli-
22 nary team which may include individuals
from other state agencies
23 to review available records of each
person referred to such team
24 pursuant to subsection (a). The team,
within 30 days of receiving
25 notice, shall assess whether or not the
person meets the definition
26 of a sexually violent predator, as
established in K.S.A. 59-29a02
27 and amendments thereto. The team shall
notify the attorney gen-
28 eral of its assessment.
29 (e) The
attorney general shall appoint a prosecutor's review
30 committee to review the records of each
person referred to the
31 attorney general pursuant to subsection
(a). The prosecutor's re-
32 view committee shall assist the attorney
general in the determi-
33 nation of whether or not the person
meets the definition of a sex-
34 ually violent predator. The assessment
of the multidisciplinary
35 team shall be made available to the
attorney general and the pros-
36 ecutor's review committee.
37 (f) The
provisions of this section are not jurisdictional, and failure
to
38 comply with such provisions in no way
prevents the attorney general from
39 proceeding against a person otherwise
subject to the provision of K.S.A.
40 59-29a01 et seq., and amendments
thereto.
41 Sec.
4. [5.] K.S.A. 1998 Supp.
59-29a04 is hereby amended to
42 read as follows: 59-29a04.
(a) When it appears that the person pres-
43 ently confined may be a sexually violent
predator and the prose-
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7
1 cutor's review committee appointed
as provided in subsection (e)
2 of K.S.A. 59-29a03 and amendments
thereto has determined that
3 the person meets the definition of
a sexually violent predator, the
4 attorney general may file a
petition, within 75 days of the date the
5 attorney general received the
written notice by the agency of ju-
6 risdiction as provided in
subsection (a) of K.S.A. 59-29a03 and
7 amendments thereto, alleging that
the person is a sexually violent
8 predator and stating sufficient
facts to support such allegation.
9
(b) The provisions of this section are not jurisdictional,
and failure
10 to comply with such provisions in no way
prevents the attorney general
11 from proceeding against a person
otherwise subject to the provision of
12 K.S.A. 59-29a01 et seq., and amendments
thereto.
13 Sec.
5. [6.] K.S.A. 1998 Supp. 59-29a07 is
hereby amended to read
14 as follows: 59-29a07. (a) The court or jury
shall determine whether, be-
15 yond a reasonable doubt, the person is a
sexually violent predator. If such
16 determination that the person is a sexually
violent predator is made by a
17 jury, such determination shall be by
unanimous verdict of such jury. Such
18 determination may be appealed. If the court
or jury determines that the
19 person is a sexually violent predator, the
person shall be committed to
20 the custody of the secretary of social and
rehabilitation services for con-
21 trol, care and treatment until such time as
the person's mental abnor-
22 mality or personality disorder has so
changed that the person is safe to
23 be at large. Such control, care and
treatment shall be provided at a facility
24 operated by the department of social and
rehabilitation services. At all
25 times, persons committed for control, care
and treatment by the depart-
26 ment of social and rehabilitation services
pursuant to this act shall be kept
27 in a secure facility and such persons shall
be segregated at all times from
28 any other patient under the supervision of
the secretary of social and
29 rehabilitation services and commencing June
1, 1995, such persons com-
30 mitted pursuant to this act shall be kept
in a facility or building separate
31 from any other patient under the
supervision of the secretary. The de-
32 partment of social and rehabilitation
services is authorized to enter into
33 an interagency agreement with the
department of corrections for the
34 confinement of such persons. Such persons
who are in the confinement
35 of the secretary of corrections pursuant to
an interagency agreement shall
36 be housed and managed separately from
offenders in the custody of the
37 secretary of corrections, and except for
occasional instances of supervised
38 incidental contact, shall be segregated
from such offenders. If any person
39 while committed to the custody of
the secretary pursuant to this act shall
40 subsequently be
taken into custody by any law enforcement officer as
41 defined in K.S.A. 21-3110 and amendments
thereto pursuant to any parole
42 revocation proceeding or any arrest or
conviction for a criminal offense
43 of any nature, upon the person's release
from the custody of any law
HB 2553--Am. by HCW
8
1 enforcement officer, the person
shall be returned to the custody of the
2 secretary for further treatment
pursuant to this act. During any such
3 period of time a person is not in
the actual custody or supervision of the
4 secretary, the secretary shall be
excused from the provisions of K.S.A. 59-
5 29a08 and amendments thereto, with
regard to providing that person an
6 annual examination, annual notice
and annual report to the court, except
7 that the secretary shall give
notice to the court as soon as reasonably
8 possible after the taking of the
person into custody that the person is no
9 longer in treatment pursuant to
this act, and notice to the court when the
10 person is returned to the custody of the
secretary for further treatment.
11 If the court or jury is not satisfied
beyond a reasonable doubt that the
12 person is a sexually violent predator, the
court shall direct the person's
13 release. Upon a mistrial, the court shall
direct that the person be held at
14 an appropriate secure facility, including,
but not limited to, a county jail,
15 until another trial is conducted. Any
subsequent trial following a mistrial
16 shall be held within 90 days of the
previous trial, unless such subsequent
17 trial is continued as provided in K.S.A.
59-29a06 and amendments
18 thereto.
19 (b) If the person
charged with a sexually violent offense has been
20 found incompetent to stand trial, and is
about to be released pursuant to
21 K.S.A. 22-3305 and amendments thereto, and
such person's commitment
22 is sought pursuant to subsection (a), the
court shall first hear evidence
23 and determine whether the person did commit
the act or acts charged.
24 The hearing on this issue must comply with
all the procedures specified
25 in this section. In addition, the rules of
evidence applicable in criminal
26 cases shall apply, and all constitutional
rights available to defendants at
27 criminal trials, other than the right not
to be tried while incompetent,
28 shall apply. After hearing evidence on this
issue, the court shall make
29 specific findings on whether the person did
commit the act or acts
30 charged, the extent to which the person's
incompetence or developmental
31 disability affected the outcome of the
hearing, including its effect on the
32 person's ability to consult with and assist
counsel and to testify on such
33 person's own behalf, the extent to which
the evidence could be recon-
34 structed without the assistance of the
person and the strength of the
35 prosecution's case. If after the conclusion
of the hearing on this issue, the
36 court finds, beyond a reasonable doubt,
that the person did commit the
37 act or acts charged, the court shall enter
a final order, appealable by the
38 person, on that issue, and may proceed to
consider whether the person
39 should be committed pursuant to this
section.
40 Sec.
6. [7.] K.S.A. 1998 Supp. 59-29a18 is
hereby amended to read
41 as follows: 59-29a18. (a) During any period
the person is in transitional
42 release, the person committed under this
act at least annually, and at any
43 other time deemed appropriate by the
treatment staff, shall be examined
HB 2553--Am. by HCW
9
1 by the treatment staff to determine
if the person's mental abnormality or
2 personality disorder has so changed
so as to warrant such person being
3 considered for conditional release.
The treatment staff shall forward a
4 report of its examination to the
court. The court shall review the same.
5 If the court determines that probable
cause exists to believe that the
6 person's mental abnormality or
personality disorder has so changed that
7 the person is safe to be placed in
conditional release, the court shall then
8 set a hearing on the issue. The
attorney general shall have the burden of
9 proof by a to
show beyond a reasonable doubt standard
that the person's
10 mental abnormality or personality
disorder remains such that the person
11 is not safe to be at large and that if
placed on conditional release is likely
12 to engage in repeat acts
of sexual violence. The person shall have the
13 same rights as enumerated in K.S.A.
59-29a06 and amendments thereto.
14 Subsequent to either a court review or a
hearing, the court shall issue an
15 appropriate order with findings of fact.
The order of the court shall be
16 provided to the attorney general, the
person and the secretary.
17 (b) If, after the
hearing, the court is convinced beyond a reasonable
18 doubt that the person is not
appropriate for conditional release, the court
19 shall order that the person be
placed on conditional release. Otherwise,
20 the court shall order that the
person remain either in secure commitment
21 or in transitional release. Otherwise,
the court shall order that the person
22 be placed on conditional
release.
23 Sec.
7. [8.] K.S.A. 1998 Supp. 59-29a19 is
hereby amended to read
24 as follows: 59-29a19. (a) If the court
determines that the person should
25 be placed on conditional release, the
court, based upon the recommen-
26 dation of the treatment staff, shall
establish a plan of treatment which the
27 person shall be ordered to follow. This
plan of treatment may include,
28 but shall not be limited to: Provisions as
to where the person shall reside
29 and with whom, taking prescribed
medications, attending individual and
30 group counseling, maintaining employment,
having no contact with chil-
31 dren, not frequenting facilities,
locations, events or otherwise in which
32 children are likely to be present and not
engaging in activities in which
33 contact with children is likely. Upon a
showing by the person that the
34 person accepts the plan of treatment and is
prepared to follow it, the
35 court shall release the person from the
transitional release program.
36 (b) After a
minimum of five years have passed in which the person
37 has been free of violations of conditions
of such person's treatment plan,
38 the treatment staff, or other professionals
directed by the court may ex-
39 amine such person to determine if the
person's mental abnormality or
40 personality disorder has changed so as to
warrant such person being con-
41 sidered for final discharge. The person
preparing the report shall forward
42 the report to the court. The court shall
review the same. If the court
43 determines that probable cause exists to
believe that the person's mental
HB 2553--Am. by HCW
10
1 abnormality or personality disorder
has so changed that the person is safe
2 to be entitled to final discharge,
the court shall set a formal hearing on
3 the issue. The attorney general shall
have the burden of proof by a to
4 show beyond a reasonable doubt
standard that the person's mental ab-
5 normality or personality disorder
remains such that such person is not
6 appropriate for final
discharge. The person shall have the same rights as
7 enumerated in K.S.A. 59-29a06 and
amendments thereto. Subsequent to
8 either a court review or a hearing,
the court shall issue an appropriate
9 order with findings of fact. The
order of the court shall be provided to
10 the attorney general, the person and the
secretary.
11 (c) If, after a
hearing, the court is convinced beyond a reasonable
12 doubt that the person is not
appropriate for final discharge, the court shall
13 order the person finally
discharged. Otherwise, the court shall continue
14 custody of the person with the secretary
for placement in a secure facility,
15 transitional release program or conditional
release program. Otherwise,
16 the court shall order the person finally
discharged. In the event the court
17 does not order final discharge of the
person, the person still retains the
18 right to annual reviews.
19 (d) At any time
during which the person is on conditional release
20 and the professional person designated by
the court in the treatment plan
21 to monitor the person's compliance with it
determines that the person
22 has violated any material condition of that
plan, that professional person
23 may request the district court to issue an
emergency ex parte order di-
24 recting any law enforcement officers to
take the person into custody and
25 return the person to the secure commitment
facility. Any such request
26 may be made verbally or by telephone, but
shall be followed in written
27 or facsimile form delivered to the court
not later than 5:00 p.m. of the
28 first day the district court is open for
the transaction of business after the
29 verbal or telephonic request was made.
30 (e) Upon the
person being returned to the secure commitment fa-
31 cility from conditional release, notice
thereof shall be given by the sec-
32 retary to the court. The court shall set
the matter for a hearing within
33 two working days of receipt of notice of
the person's having been returned
34 to the secure commitment facility and cause
notice thereof to be given
35 to the attorney general, the person and the
secretary. The attorney gen-
36 eral shall have the burden of proof to show
probable cause that the person
37 violated conditions of conditional release.
The hearing shall be to the
38 court. At the conclusion of the hearing the
court shall issue an order
39 returning the person to the secure
commitment facility, to the transitional
40 release program or to conditional release,
and may order such other fur-
41 ther conditions with which the person must
comply if the person is re-
42 turned to either the transitional release
program or to conditional release.
43 (f) The final
discharge shall not prevent the person from being pros-
HB 2553--Am. by HCW
11
1 ecuted for any criminal acts which
the person is alleged to have commit-
2 ted or from being subject in the
future to a subsequent commitment
3 under this act.
4 New Sec.
8. [9.] Any person for whom a petition
pursuant to this
5 act has been filed and is in the
secure confinement of the state shall not
6 be eligible for bail, bond, house
arrest or any other measures releasing
7 the person from the physical
protective custody of the state, notwithstand-
8 ing the provisions of K.S.A. 59-29a10
and amendments thereto.
9 Sec. 9.
[10.] K.S.A. 59-29a01 and K.S.A. 1998 Supp. 59-29a02,
59-
10 29a03, 59-29a04, 59-29a07, 59-29a18 and
59-29a19 are hereby repealed.
11 Sec. 10.
[11.] This act shall take effect and be in force from
and
12 after its publication in the statute
book.