Kansas Statutes 59-29a25. Permanent physiological change, petition for discharge; procedure
Terms Used In Kansas Statutes 59-29a25
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: means an individual who is a potential or actual subject of proceedings under this act. See Kansas Statutes 59-29a02
- Secretary: means the secretary for aging and disability services. See Kansas Statutes 59-29a02
- Sexually violent offense: means :
(1) Rape, as defined in Kan. See Kansas Statutes 59-29a02
- Sexually violent predator: means any person who has been convicted of or charged with a sexually violent offense and who suffers from a mental abnormality or personality disorder which makes the person likely to engage in repeat acts of sexual violence and who has serious difficulty in controlling such person's dangerous behavior. See Kansas Statutes 59-29a02
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
(a) Whenever there is current evidence since the last annual examination from an expert or professional person that an identified physiological change to the committed person, such as paralysis, stroke or dementia, renders the committed person unable to commit a sexually violent offense and that this change is permanent, the person may petition the court for a hearing to be released.
(b) If the court finds after a hearing that the person has demonstrated by clear and convincing evidence that the person suffers from a permanent physiological change rendering the person unable to commit a sexually violent offense, the court shall discharge the person from the program and notify the secretary. At the hearing, the person shall have the right to counsel. The state shall have the right to have the person examined before the hearing. The burden of proof shall be on the person to prove the physiological change is permanent and renders the person unable to commit a sexually violent offense.
(c) If the court finds the person has not suffered a permanent physiological change or is not safe, the person shall remain in secure commitment.
(d) This section shall be a part of and supplemental to the Kansas sexually violent predator act.