59-29a05. Same; determination of probable cause, hearing; evaluation; person taken into custody. - Kansas Statutes

59-29a05

Chapter 59.--PROBATE CODE Article 29a.--COMMITMENT OF SEXUALLY VIOLENT PREDATORS

      59-29a05.   Same; determination of probable cause, hearing; evaluation;person taken into custody.(a) Upon filing of a petition under K.S.A. 59-29a04, the judgeshall determine whether probable cause exists tobelieve that the person named in the petition is a sexually violent predator.If such determination is made, the judge shall direct that person be taken intocustody.

      (b)   Within 72 hours after a person is taken into custody pursuant tosubsection (a), such person shall be provided with notice of, and anopportunityto appear in person at, a hearing to contest probable cause as to whether thedetained person is a sexually violent predator. At this hearing the courtshall: (1) Verify the detainer's identity; and (2) determine whether probablecause exists to believe that the person is a sexually violent predator.The state may rely upon the petition and supplement the petition withadditional documentary evidence or live testimony.

      (c)   At the probable cause hearing as provided in subsection (b), thedetained person shall have thefollowing rights in addition to the rights previously specified: (1) To berepresented by counsel; (2) to present evidence on such person's behalf; (3) tocross-examine witnesses who testify against such person; and (4) to view andcopy all petitions and reports in the court file.

      (d)   If the probable cause determination is made, the court shall directthat the person be transferred to an appropriate securefacility, including, but not limited to, a county jail, for anevaluation as to whether the person is a sexually violent predator. Theevaluation shall be conducted by a person deemed to be professionally qualifiedto conduct such an examination.

      History:   L. 1994, ch. 316, § 5;L. 1995, ch. 193, § 4; May 4.