K.S.A. » Chapter 59

K.S.A. § 59-29a02

Civil commitment of sexually violent predators; definitions

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59-29a02. 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.

Notes of Decisions
Cited in 56 cases (14 in the last 5 years), 1996–2026 · leading case: In re Care & Treatment of Easterberg
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In re Care & Treatment of Easterberg (2019) kan · cites it 36× “59-29a03(a) establishes the practical means for commencing an action to commit a sexually violent predator by providing the procedure for initially notifying the attorney general that certain persons may be eligible for involuntary commitment, to-wit: "(a) When it appears that a…”
In Re the Care & Treatment of Williams (2011) kan · cites it 14× “) Williams, 2009 WL 2762455 , at *3 (quoting K.S.A.2010 Supp. 59-29a02[a]); see In re Care & Treatment of Ward, 35 Kan.”
In Re the Care & Treatment of Miller (2009) kan · cites it 8× “"(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.”
In Re the Care & Treatment of Sykes (2016) kan · cites it 8× “sets out procedures specifically tailored to address sexually violent predators, that is, people who have been convicted of or charged with sexually violent offenses and who suffer from mental abnormalities or personality disorders that makes them likely to engage in repeated…”
In Re the Care & Treatment of Ward (2006) kanctapp · cites it 10× “We hold that the use of the word “likely” in the KSVPA’s definition of a sexually violent predator (K.S.A. 59-29a02[a]) does not establish a lesser burden of proof in civil commitment cases than *367 is required under the Due Process Clause of the Fourteenth Amendment to the…”
In Re the Care & Treatment of Colt (2009) kan · cites it 6× “2005), the mere fact of Colt's many prior convictions over several years was both probative and material.”
In re Care and Treatment of Quillen (2021) kan · cites it 8× “115, §§ 214-16; see K.S.A. 2014 Supp. 59-29a02; K.S.A. 2014 Supp.”
In Re the Care & Treatment of Johnson (2004) kanctapp · cites it 9× “Johnson also contends the district court erred in admitting evidence regarding a prior Minnesota conviction without foundation testimony establishing the conviction is a sexually violent offense under K.S.A. 2000 Supp. 59-29a02. Johnson did object initially to attempts to bring…”
In Re the Care & Treatment of Crane (2000) kan · cites it 5× “” K.S.A. 1999 Supp. 59-29a02(a). “Mental abnormality” is defined as a “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.”
In re the Care & Treatment of Hendricks (1996) kan · cites it 6× “In K.S.A. 59-29a02, terms are defined as they are used in the Act.”
In Re the Care & Treatment of Sporn (2009) kan · cites it 5× “59-29a02 and amendments thereto, the agency with jurisdiction shall give written notice of such to the attorney general and the multidisciplinary team established in subsection (d), 90 days prior to: (1) The anticipated release from total confinement of a person who has been…”
In Re the Care & Treatment of Twilleger (2011) kanctapp · cites it 4× “" K.S.A. 59-29a02(a). Although the term "personality disorder" is not defined in the SVPA, the term "mental abnormality" is defined as "a congenital or acquired condition affecting the emotional or volitional capacity which predisposes the person to commit sexually violent…”
Show all 56 citing cases →
— K.S.A. § 59-29a02(a) — 45 cases
In Re the Care & Treatment of Williams (2011) kan “) Williams, 2009 WL 2762455 , at *3 (quoting K.S.A.2010 Supp. 59-29a02[a]); see In re Care & Treatment of Ward, 35 Kan.”
In re Care & Treatment of Easterberg (2019) kan “59-29a03(a) establishes the practical means for commencing an action to commit a sexually violent predator by providing the procedure for initially notifying the attorney general that certain persons may be eligible for involuntary commitment, to-wit: "(a) When it appears that a…”
In Re the Care & Treatment of Sykes (2016) kan “sets out procedures specifically tailored to address sexually violent predators, that is, people who have been convicted of or charged with sexually violent offenses and who suffer from mental abnormalities or personality disorders that makes them likely to engage in repeated…”
In Re the Care & Treatment of Colt (2009) kan “2005), the mere fact of Colt's many prior convictions over several years was both probative and material.”
In Re the Care & Treatment of Ward (2006) kanctapp “We hold that the use of the word “likely” in the KSVPA’s definition of a sexually violent predator (K.S.A. 59-29a02[a]) does not establish a lesser burden of proof in civil commitment cases than *367 is required under the Due Process Clause of the Fourteenth Amendment to the…”
— K.S.A. § 59-29a02(b) — 13 cases
In Re the Care & Treatment of Miller (2009) kan “"(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.”
In Re the Care & Treatment of Sykes (2016) kan “sets out procedures specifically tailored to address sexually violent predators, that is, people who have been convicted of or charged with sexually violent offenses and who suffer from mental abnormalities or personality disorders that makes them likely to engage in repeated…”
In Re the Care & Treatment of Twilleger (2011) kanctapp “" K.S.A. 59-29a02(a). Although the term "personality disorder" is not defined in the SVPA, the term "mental abnormality" is defined as "a congenital or acquired condition affecting the emotional or volitional capacity which predisposes the person to commit sexually violent…”
In Re the Care & Treatment of Crane (2000) kan “” K.S.A. 1999 Supp. 59-29a02(a). “Mental abnormality” is defined as a “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.”
In re the Care & Treatment of Hendricks (1996) kan “In K.S.A. 59-29a02, terms are defined as they are used in the Act.”
— K.S.A. § 59-29a02(c) — 9 cases
In Re the Care & Treatment of Miller (2009) kan “"(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.”
In Re the Care & Treatment of Williams (2011) kan “) Williams, 2009 WL 2762455 , at *3 (quoting K.S.A.2010 Supp. 59-29a02[a]); see In re Care & Treatment of Ward, 35 Kan.”
In re Care & Treatment of Easterberg (2019) kan “59-29a03(a) establishes the practical means for commencing an action to commit a sexually violent predator by providing the procedure for initially notifying the attorney general that certain persons may be eligible for involuntary commitment, to-wit: "(a) When it appears that a…”
In re Care and Treatment of Quillen (2021) kan “115, §§ 214-16; see K.S.A. 2014 Supp. 59-29a02; K.S.A. 2014 Supp.”
In Re the Care & Treatment of Crane (2000) kan “” K.S.A. 1999 Supp. 59-29a02(a). “Mental abnormality” is defined as a “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.”
— K.S.A. § 59-29a02(d) — 2 cases
In re Care & Treatment of Easterberg (2019) kan “59-29a03(a) establishes the practical means for commencing an action to commit a sexually violent predator by providing the procedure for initially notifying the attorney general that certain persons may be eligible for involuntary commitment, to-wit: "(a) When it appears that a…”
In Re the Care & Treatment of Ward (2006) kanctapp “We hold that the use of the word “likely” in the KSVPA’s definition of a sexually violent predator (K.S.A. 59-29a02[a]) does not establish a lesser burden of proof in civil commitment cases than *367 is required under the Due Process Clause of the Fourteenth Amendment to the…”
— K.S.A. § 59-29a02(e) — 8 cases
In re Care & Treatment of Easterberg (2019) kan “59-29a03(a) establishes the practical means for commencing an action to commit a sexually violent predator by providing the procedure for initially notifying the attorney general that certain persons may be eligible for involuntary commitment, to-wit: "(a) When it appears that a…”
In Re the Care & Treatment of Williams (2011) kan “) Williams, 2009 WL 2762455 , at *3 (quoting K.S.A.2010 Supp. 59-29a02[a]); see In re Care & Treatment of Ward, 35 Kan.”
In Re the Care & Treatment of Colt (2009) kan “2005), the mere fact of Colt's many prior convictions over several years was both probative and material.”
In Re the Care & Treatment of Johnson (2004) kanctapp “Johnson also contends the district court erred in admitting evidence regarding a prior Minnesota conviction without foundation testimony establishing the conviction is a sexually violent offense under K.S.A. 2000 Supp. 59-29a02. Johnson did object initially to attempts to bring…”
In Re the Care & Treatment of Sipe (2010) kanctapp
— K.S.A. § 59-29a02(e)(1) — 2 cases
In re Care & Treatment of Easterberg (2019) kan “59-29a03(a) establishes the practical means for commencing an action to commit a sexually violent predator by providing the procedure for initially notifying the attorney general that certain persons may be eligible for involuntary commitment, to-wit: "(a) When it appears that a…”
In Re the Care & Treatment of Ward (2006) kanctapp “We hold that the use of the word “likely” in the KSVPA’s definition of a sexually violent predator (K.S.A. 59-29a02[a]) does not establish a lesser burden of proof in civil commitment cases than *367 is required under the Due Process Clause of the Fourteenth Amendment to the…”
— K.S.A. § 59-29a02(e)(13) — 2 cases
In re Care & Treatment of Easterberg (2019) kan “59-29a03(a) establishes the practical means for commencing an action to commit a sexually violent predator by providing the procedure for initially notifying the attorney general that certain persons may be eligible for involuntary commitment, to-wit: "(a) When it appears that a…”
In Re the Care & Treatment of Ward (2006) kanctapp “We hold that the use of the word “likely” in the KSVPA’s definition of a sexually violent predator (K.S.A. 59-29a02[a]) does not establish a lesser burden of proof in civil commitment cases than *367 is required under the Due Process Clause of the Fourteenth Amendment to the…”
— K.S.A. § 59-29a02(e)(7) — 2 cases
In re Care & Treatment of Dominguez (2020) kanctapp
In re Care and Treatment of Dwerlkotte (2021) kanctapp
— K.S.A. § 59-29a02(e)(9) — 1 case
In re Care and Treatment of Dwerlkotte (2021) kanctapp
— K.S.A. § 59-29a02(f) — 4 cases
In Re the Care & Treatment of Johnson (2004) kanctapp “Johnson also contends the district court erred in admitting evidence regarding a prior Minnesota conviction without foundation testimony establishing the conviction is a sexually violent offense under K.S.A. 2000 Supp. 59-29a02. Johnson did object initially to attempts to bring…”
In Re the Care & Treatment of Sporn (2009) kan “59-29a02 and amendments thereto, the agency with jurisdiction shall give written notice of such to the attorney general and the multidisciplinary team established in subsection (d), 90 days prior to: (1) The anticipated release from total confinement of a person who has been…”
In Re the Care & Treatment of Ramage (2016) kanctapp
In re Care & Treatment of Ellison (2016) kan
— K.S.A. § 59-29a02(i) — 4 cases
In re the Care & Treatment of Burch (2012) kan
In Re the Care & Treatment of Sipe (2010) kanctapp
In re Care and Treatment of Merryfield (2022) kanctapp
Merryfield v. Howard (2023) ksd
— K.S.A. § 59-29a02(j) — 1 case
Merryfield v. Howard (2023) ksd
— K.S.A. § 59-29a02(m) — 1 case
In re Care and Treatment of Merryfield (2022) kanctapp
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