Printable Format59-29a02. Civil commitment of sexually violent predators; definitions. As used in this act:
(a) "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.
(b) "Mental abnormality" means a congenital or acquired condition affecting the emotional or volitional capacity which predisposes the person to commit sexually violent offenses in a degree constituting such person a menace to the health and safety of others.
(c) "Likely to engage in repeat acts of sexual violence" means the person's propensity to commit acts of sexual violence is of such a degree as to pose a menace to the health and safety of others.
(d) "Sexually motivated" means that one of the purposes for which the defendant committed the crime was for the purpose of the defendant's sexual gratification.
(e) "Sexually violent offense" means:
(1) Rape, as defined in K.S.A. 21-3502, prior to its repeal, or K.S.A. 21-5503, and amendments thereto;
(2) indecent liberties with a child, as defined in K.S.A. 21-3503, prior to its repeal, or K.S.A. 21-5506(a), and amendments thereto;
(3) aggravated indecent liberties with a child, as defined in K.S.A. 21-3504, prior to its repeal, or K.S.A. 21-5506(b), and amendments thereto;
(4) criminal sodomy, as defined in K.S.A. 21-3505(a)(2) and (a)(3), prior to its repeal, or K.S.A. 21-5504(a)(3) and (a)(4), and amendments thereto;
(5) aggravated criminal sodomy, as defined in K.S.A. 21-3506, prior to its repeal, or K.S.A. 21-5504(b), and amendments thereto;
(6) indecent solicitation of a child, as defined in K.S.A. 21-3510, prior to its repeal, or K.S.A. 21-5508(a), and amendments thereto;
(7) aggravated indecent solicitation of a child, as defined in K.S.A. 21-3511, prior to its repeal, or K.S.A. 21-5508(b), and amendments thereto;
(8) sexual exploitation of a child, as defined in K.S.A. 21-3516, prior to its repeal, or K.S.A. 21-5510, and amendments thereto;
(9) aggravated sexual battery, as defined in K.S.A. 21-3518, prior to its repeal, or K.S.A. 21-5505(b), and amendments thereto;
(10) aggravated incest, as defined in K.S.A. 21-3603, prior to its repeal, or K.S.A. 21-5604(b), and amendments thereto;
(11) any conviction for a felony offense in effect at any time prior to the effective date of this act, that is comparable to a sexually violent offense as defined in paragraphs (1) through (11)* or any federal or other state conviction for a felony offense that under the laws of this state would be a sexually violent offense as defined in this section;
(12) an attempt, conspiracy or criminal solicitation, as defined in K.S.A. 21-3301, 21-3302 and 21-3303, prior to their repeal, or K.S.A. 21-5301, 21-5302 or 21-5303, and amendments thereto, of a sexually violent offense as defined in this subsection; or
(13) any act which either at the time of sentencing for the offense or subsequently during civil commitment proceedings pursuant to this act, has been determined beyond a reasonable doubt to have been sexually motivated.
(f) "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.
(g) "Person" means an individual who is a potential or actual subject of proceedings under this act.
(h) "Treatment staff" means the persons, agencies or firms employed by or contracted with the secretary to provide treatment, supervision or other services at the sexually violent predator facility.
(i) "Transitional release" means any halfway house, work release, sexually violent predator treatment facility or other placement designed to assist the person's adjustment and reintegration into the community.
(j) "Secretary" means the secretary for aging and disability services.
(k) "Conditional release" means approved placement in the community for a minimum of five years while under the supervision of the person's court of original commitment and monitored by the secretary for aging and disability services.
(l) "Conditional release monitor" means an individual appointed by the court to monitor the person's compliance with the treatment plan while placed on conditional release and who reports to the court. Such monitor shall not be a court services officer.
(m) "Progress review panel" means individuals appointed by the secretary for aging and disability services to evaluate a person's progress in the sexually violent predator treatment program.
History: L. 1994, ch. 316, § 2; L. 1995, ch. 193, § 1; L. 1998, ch. 198, § 3; L. 1999, ch. 140, § 2; L. 2006, ch. 214, § 11; L. 2011, ch. 30, § 210; L. 2012, ch. 16, § 25; L. 2014, ch. 115, § 214; L. 2018, ch. 94, § 1; L. 2022, ch. 47, § 1; July 1.
Revisor's Note:
* Reference to paragraphs (1) through (11) should be to paragraphs (1) through (10) instead.
Law Review and Bar Journal References:
"The Kansas Sexually Violent Predator Act—Post Hendricks," Hon. Tom Malone, 67 J.K.B.A. No. 2, 36 (1998).
"Criminal Procedure Survey of Recent Cases," 49 K.L.R. 937 (2001).
Attorney General's Opinions:
Sexually violent predators; civil commitment; parole board is an agency with jurisdiction. 94-100.
Sexually violent predator act; commitment; attempted escape; use of deadly force. 94-149.
District court may relieve certain juvenile offenders from duty to register under the Kansas offenders registration act. 2008-16.
CASE ANNOTATIONS
1. Sexually violent predator act's definition of "mental abnormality" satisfies substantive due process requirement reversing the Kansas Supreme Court ruling. Kansas v. Hendricks, 521 U.S. 346, 356, 117 S. Ct. 2072, 138 L. Ed. 2d 501 (1997).
2. Alleged errors at probable cause hearing did not prejudice defendant at trial. In re Care & Treatment of Hay, 263 Kan. 822, 835, 953 P.2d 666 (1998).
3. Provisions of K.S.A. 60-455 inapplicable to commitment proceedings under Kansas sexually violent predator act. In re Care and Treatment of Colt, 39 Kan. App. 2d 643, 647, 649, 183 P.3d 4 (2008).
4. Cited in case discussing evidence in a sexually violent predator act action. In re Care & Treatment of Miller, 39 Kan. App. 2d 905, 908, 910, 911, 186 P.3d 201 (2008).
5. K.S.A. 59-29a02 does not narrowly define mental abnormality as a sex-related disorder. In re Care & Treatment of Miller, 289 Kan. 218, 210 P.3d 625 (2009).
6. Admission of prior crimes not involving a sexual component are relevant in sexually violent predator commitment proceedings. In re Care & Treatment of Colt, 289 Kan. 234, 211 P.3d 797 (2009).
7. Sufficient evidence found to hold the individual as a sexually violent predator. In re Care & Treatment of Williams, 292 Kan. 96, 253 P.3d 327 (2011).