59-29a11. Transitional release, conditional release or final discharge; subsequent discharge petitions, limitations; prohibition of location of facilities; facilities subject to zoning; county limitations; annual report by secretary for aging and disability services. (a) If a person has previously filed a petition for transitional release, conditional release or final discharge without the secretary for aging and disability services approval and the court determined either upon review of the petition or following a hearing, that the person's petition was frivolous or that the person's condition had not significantly changed so that it is safe for the person to be at large, then the court shall deny the subsequent petition, unless the petition contains facts upon which a court could find the condition of the petitioner had significantly changed so that a hearing was warranted. Upon receipt of a first or subsequent petition from committed persons without the secretary's approval, the court shall endeavor whenever possible to review the petition and determine if the petition is based upon frivolous grounds and if so shall deny the petition without a hearing.
(b) No transitional release or conditional release facility or building shall be located within 2,000 feet of a licensed child care facility, an established place of worship, any residence in which a child under 18 years of age resides, or the real property of any school upon which is located a structure used by a unified school district or an accredited nonpublic school for student instruction or attendance or extracurricular activities of pupils enrolled in kindergarten or any grades one through 12. This subsection shall not apply to any state institution or facility.
(c) Transitional release or conditional release facilities or buildings shall be subject to all regulations applicable to other property and buildings located in the zone or area that are imposed by any municipality through zoning ordinance, resolution or regulation, such municipality's building regulatory codes, subdivision regulations or other nondiscriminatory regulations.
(d) On and after July 1, 2015, the secretary for aging and disability services shall place no more than 16 sexually violent predators in any one county on transitional release.
(e) The secretary for aging and disability services shall submit an annual report to the governor and the legislature during the first week of the regular legislative session detailing activities related to the transitional release and conditional release of sexually violent predators. The report shall include the status of such predators who have been placed in transitional release or conditional release including the number of any such predators and their locations; information regarding the number of predators who have been returned to the sexually violent predator treatment program at Larned state hospital along with the reasons for such return; and any plans for the development of additional transitional release or conditional release facilities.
History: L. 1994, ch. 316, § 11; L. 1998, ch. 198, § 6; L. 2006, ch. 214, § 13; L. 2009, ch. 84, § 2; L. 2010, ch. 161, § 3; L. 2014, ch. 115, § 216; L. 2015, ch. 95, § 10; L. 2018, ch. 94, § 4; July 1.
Structure Kansas Statutes
Article 29a - Commitment Of Sexually Violent Predators
59-29a02 Civil commitment of sexually violent predators; definitions.
59-29a04a Sexually violent predator expense fund.
59-29a09 Detention and commitment to conform to constitutional requirements.
59-29a10 Petitions for transitional or conditional release; procedure.
59-29a13 Same; notice to victims of release of persons committed under this act.
59-29a14 Same; special allegation of sexual motivation; procedure; withdrawal or dismissal.
59-29a16 Same; confidential or privileged information and records.
59-29a17 Same; court records; sealed and opened by court order.
59-29a20 Bail, bond, house arrest or other release; not eligible.
59-29a24 Civil actions; exhaustion of administrative remedies required.
59-29a25 Permanent physiological change, petition for discharge; procedure.
59-29a26 Post-commitment hearings, evaluations and other expenses; responsibility for costs.