59-29a27. Post-commitment crime; responsibility for costs of care and custody, costs of prosecution; reimbursement. (a) (1) Whenever a person civilly committed pursuant to K.S.A. 59-29a07, and amendments thereto, is in the custody of a county law enforcement agency for a pending criminal proceeding, the costs incurred for the care and custody of such person by the county with custody of such person, including, but not limited to, reasonable costs of medical care and treatment, housing, food and transportation, shall be paid by such county.
(2) The secretary for aging and disability services shall reimburse such county from the Larned state hospital – SPTP new crimes reimbursement account of the state general fund for all costs that would have been paid from such account if such person had remained in the custody of the secretary for aging and disability services.
(b) (1) Whenever a person civilly committed pursuant to K.S.A. 59-29a07, and amendments thereto, commits a crime and is prosecuted for such crime, the costs incurred for such prosecution shall be paid by the county where such prosecution occurs.
(2) The secretary for aging and disability services shall reimburse such county from the Larned state hospital – SPTP new crimes reimbursement account of the state general fund for all reasonable costs incurred for such prosecution.
(c) If there are no moneys available in the Larned state hospital – SPTP new crimes reimbursement account of the state general fund to pay any reimbursements described in subsection (a) or (b), the county entitled to such reimbursement may file a claim against the state pursuant to article 9 of chapter 46 of the Kansas Statutes Annotated, and amendments thereto.
(d) The secretary for aging and disability services shall develop and implement a procedure to provide the reimbursements described in subsections (a) and (b) on or before January 1, 2016.
(e) All expenditures pursuant to this section from the Larned state hospital – SPTP new crimes reimbursement account of the state general fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary for aging and disability services or the secretary's designee.
History: L. 2015, ch. 95, § 18; 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.