Brief⁽¹⁾

H.B. 2553 deals with the civil commitment of sexually violent predators and makes several amendments to the law as follows.

• The preamble of the statutes dealing with sexually violent predators is changed to recognize that an abnormality or personality disorder exists in these individuals that makes them likely to engage in repeat acts of sexual violence if not treated.



• The term "likely to engage in repeat acts of sexual violence" is defined to mean the person's propensity to commit such acts is of such a degree as to pose a menace to the health and safety of others.



• A new provision is added to the statutes, K.S.A. (1998 Supp.) 59-29a03 and K.S.A. (1998 Supp.) 59-29a04, dealing with the release from total confinement of a sexually violent predator. This amendment states that provisions of these sections are not jurisdictional and failure to comply with the provisions does not prevent the Attorney General from proceeding against such an individual.



• Another change would clarify that any person, while in the custody of the Department of Social and Rehabilitation Services (SRS) is taken into a law enforcement officer's custody for parole revocation or any criminal arrest or conviction, upon release from the custody of the law enforcement officer, shall be returned to the custody of SRS for further treatment. Further, SRS must notify the court, as soon as reasonably possible, that such an individual has been returned for further treatment.



• The bill adds aggravated incest as a sexually violent offense.

The House Committee of the Whole amended the bill to add a provision that would designate those statutes dealing with the civil commitment of sexually violent predators as "Stephanie's Law" in memory of Stephanie Schmidt, who was killed in 1993 by a previously convicted sex offender.

Background

The conferee from the Attorney General's Office testified in support of the measure.

A conferee with the Kansas Bas Association expressed concern with certain provisions in the bill.

The fiscal note indicates a negligible impact for the Attorney General, DOC, and the Office of Judicial Administration. The Department of Social and Rehabilitation Services could incur additional expenses per resident per year.

1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/bill_search.html