KANSAS STATUTES AND CODES

59-29a11. Transitional release, conditional release or final discharge; subsequent discharge petitions, limitations; prohibition of location of facilities; facilities subject to zoning; county limitat

59-29a11

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

59-29a11. Transitional release, conditional releaseor final discharge; subsequent discharge petitions, limitations; prohibition oflocation of facilities; facilities subject to zoning; countylimitations.(a) Nothing in this act shall prohibit a person from filing a petitionfor transitional release, conditional release or final discharge pursuantto this act. However, if a person has previously filed apetition for transitional release, conditional release or final dischargewithout the secretary of the department of social andrehabilitation services approval and the court determined either upon review ofthe petition or following a hearing, that the petitioner's petition wasfrivolous or that the petitioner's condition had not so changed that the personwas safe to be at large, then the court shall deny the subsequent petitionunless the petition contains facts upon which a court could find the conditionof the petitioner had so changed that a hearing was warranted. Upon receipt ofa first or subsequent petition from committed persons without the secretary'sapproval, the court shall endeavor whenever possible to review the petition anddetermine if the petition is based upon frivolous grounds and if so shall denythe petition withouta hearing.

(b) No transitional release or conditional release facility or buildingshall be located within 2,000 feet of a licensed child care facility,registered family day care home, an established place of worship, any residencein which a child under 18 years of age resides, or the real property of anyschool upon which is located a structure used by a unified school district oran accredited nonpublic school for student instruction or attendance orextracurricular activities of pupils enrolled in kindergarten or any grades onethrough 12. This subsection shall not apply to any stateinstitution or facility.

(c) Transitional release or conditional release facilities or buildings shallbe subject to all regulations applicable to other property and buildingslocated in the zone or area that are imposed by any municipality through zoningordinance, resolution or regulation, such municipality's building regulatorycodes, subdivision regulations or other nondiscriminatory regulations.

(d) On and after January 1, 2009, the secretary of social andrehabilitation services shall place no more than eight sexually violentpredatorsin any one county on transitional release or conditional release.

(e) The secretary of social and rehabilitationservices shall submit an annual report to the governor and the legislatureduring the first week of the regular legislative session detailingactivities related to the transitional release and conditional release ofsexually violent predators. The report shall include the status of suchpredators who have been placed in transitional release or conditionalrelease including the number of any such predators and their locations;information regarding the number of predators who have been returnedto the sexually violent predator treatment program at Larned statehospital along with the reasons for such return; and any plans for thedevelopment of additional transitional release or conditional releasefacilities.

History: L. 1994, ch. 316, § 11;L. 1998, ch. 198, § 6;L. 2006, ch. 214, § 13;L. 2009, ch. 84, § 2; July 1.