Kansas Statutes 59-29a03. Notice of release of sexually violent predator by agency with jurisdiction to attorney general and multidisciplinary team, time, contents; immunity from liability; establishing a multidisciplinary team, review of records, as…
Terms Used In Kansas Statutes 59-29a03
- Agency with jurisdiction: means an agency that releases upon lawful order or authority, a person confined or serving a sentence and includes the department of corrections, the Kansas department for aging and disability services and the prisoner review board. See Kansas Statutes 59-29a02
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means an individual who is a potential or actual subject of proceedings under this act. See Kansas Statutes 59-29a02
- Residence: means the place which is adopted by a person as the person's place of habitation and to which, whenever the person is absent, the person has the intention of returning. See Kansas Statutes 77-201
- 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
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Verdict: The decision of a petit jury or a judge.
(a) (1) Prior to July 1, 2023, when it appears that a person may meet the criteria of a sexually violent predator as defined in Kan. Stat. Ann. § 59-29a02, and amendments thereto, the agency with jurisdiction shall give written notice of such to the attorney general and the multidisciplinary team established in subsection (f). Such notice shall be given 90 days prior to the anticipated release of a person and includes, but is not limited to:
(A) The anticipated release from total confinement of a person who has been convicted of a sexually violent offense, except that in the case of a person who is returned to prison for no more than 90 days as a result of revocation of postrelease supervision, written notice shall be given as soon as practicable following the person’s readmission to prison;
(B) release of a person who has been charged with a sexually violent offense and who has been determined to be incompetent to stand trial pursuant to Kan. Stat. Ann. § 22-3305, and amendments thereto;
(C) release of a person who has been found not guilty of a sexually violent offense pursuant to Kan. Stat. Ann. § 22-3428, and amendments thereto; or
(D) release of a person who has been found not guilty of a sexually violent offense pursuant to Kan. Stat. Ann. § 22-3428, and amendments thereto, and the jury who returned the verdict of not guilty answers in the affirmative to the special question asked pursuant to Kan. Stat. Ann. § 22-3221, and amendments thereto.
(2) On and after July 1, 2023, and prior to July 1, 2024, when it appears that a person may meet the criteria of a sexually violent predator as defined in Kan. Stat. Ann. § 59-29a02, and amendments thereto, the agency with jurisdiction shall give written notice of such to the attorney general and the multidisciplinary team established in subsection (f). Such notice shall be given 90 days to two years prior to the anticipated release of a person and includes, but is not limited to:
(A) The anticipated release from total confinement of a person who has been convicted of a sexually violent offense, except that in the case of a person who is returned to prison for no more than 90 days as a result of revocation of postrelease supervision, written notice shall be given as soon as practicable following the person’s readmission to prison;
(B) release of a person who has been charged with a sexually violent offense and who has been determined to be incompetent to stand trial pursuant to Kan. Stat. Ann. § 22-3305, and amendments thereto;
(C) release of a person who has been found not guilty of a sexually violent offense pursuant to Kan. Stat. Ann. § 22-3428, and amendments thereto; or
(D) release of a person who has been found not guilty of a sexually violent offense pursuant to Kan. Stat. Ann. § 22-3428, and amendments thereto, and the jury who returned the verdict of not guilty answers in the affirmative to the special question asked pursuant to Kan. Stat. Ann. § 22-3221, and amendments thereto.
(3) On and after July 1, 2024, when it appears that a person may meet the criteria of a sexually violent predator as defined in Kan. Stat. Ann. § 59-29a02, and amendments thereto, the agency with jurisdiction shall give written notice of such to the attorney general and the multidisciplinary team established in subsection (f). Such notice shall be given two years prior to the anticipated release of a person and includes, but is not limited to:
(A) The anticipated release from total confinement of a person who has been convicted of a sexually violent offense, except that in the case of a person who is returned to prison for no more than 90 days as a result of revocation of postrelease supervision, written notice shall be given as soon as practicable following the person’s readmission to prison;
(B) release of a person who has been charged with a sexually violent offense and who has been determined to be incompetent to stand trial pursuant to Kan. Stat. Ann. § 22-3305, and amendments thereto;
(C) release of a person who has been found not guilty of a sexually violent offense pursuant to Kan. Stat. Ann. § 22-3428, and amendments thereto; or
(D) release of a person who has been found not guilty of a sexually violent offense pursuant to Kan. Stat. Ann. § 22-3428, and amendments thereto, and the jury who returned the verdict of not guilty answers in the affirmative to the special question asked pursuant to Kan. Stat. Ann. § 22-3221, and amendments thereto.
(b) The agency with jurisdiction shall inform the attorney general and the multidisciplinary team established in subsection (f) of the following:
(1) The person’s name, identifying factors, anticipated future residence and offense history; and
(2) documentation of institutional adjustment and any treatment received.
(c) Any reports of evaluations prepared or provided pursuant to subsection (b) shall demonstrate that the person evaluated was informed of the following:
(1) The nature and purpose of the evaluation; and
(2) that the evaluation will not be confidential and that any statements made by the person and any conclusions drawn by the evaluator may be disclosed to a court, the detained person’s attorney, the prosecutor and the trier of fact at any proceeding conducted under the Kansas sexually violent predator act.
(d) The permitted disclosures required to be submitted to the attorney general under this section shall be deemed to be in response to the attorney general’s civil demand for relevant and material information to investigate whether a petition shall be filed. The information provided shall be specific to the purposes of the Kansas sexually violent predator act and as limited in scope as reasonably practicable.
(e) The agency with jurisdiction, its employees, officials, members of the multidisciplinary team established in subsection (f), members of the prosecutor’s review committee appointed as provided in subsection (g) and individuals contracting, appointed or volunteering to perform services hereunder shall be immune from liability for any good-faith conduct under this section.
(f) The secretary of corrections shall establish a multidisciplinary team which may include individuals from other state agencies to review available records of each person referred to such team pursuant to subsection (a). The team shall include the mental health professional who prepared any evaluation, interviewed the person or made any recommendation to the attorney general. The team shall assess whether or not the person meets the definition of a sexually violent predator, as established in Kan. Stat. Ann. § 59-29a02, and amendments thereto. The team shall notify the attorney general of its assessment.
(g) The attorney general shall appoint a prosecutor’s review committee to review the records of each person referred to the attorney general pursuant to subsection (a). The prosecutor’s review committee shall assist the attorney general in the determination of whether or not the person meets the definition of a sexually violent predator. The assessment of the multidisciplinary team shall be made available to the attorney general and the prosecutor’s review committee.
(h) The provisions of this section are not jurisdictional and failure to comply with such provisions not affecting constitutional rights in no way prevents the attorney general from proceeding against a person otherwise subject to the provisions of the Kansas sexually violent predator act.