K.S.A. » Chapter 59
Kansas Statutes Annotated

K.S.A. § 59-29a04 (2026)

Petition, time, contents, venue, service; provisions of section are not jurisdictional; county reimbursed for costs; responsibility for costs of medical care and treatment; proceedings are civil in nature

✓ current as of May 2026
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59-29a04. Petition, time, contents, venue, service; provisions of section are not jurisdictional; county reimbursed for costs; responsibility for costs of medical care and treatment; proceedings are civil in nature. (a) When the prosecutor's review committee, appointed as provided in K.S.A. 59-29a03(g), and amendments thereto, has determined that the person meets the definition of a sexually violent predator, the attorney general, within 75 days of the date the attorney general received the written notice as provided in K.S.A. 59-29a03(a), and amendments thereto, may file a petition in the county where the person was convicted of or charged with a sexually violent offense alleging that the person is a sexually violent predator and stating sufficient facts to support such allegation.

(b) Notwithstanding the provisions of subsection (a), when the person named in the petition is a person who has been convicted of or charged with a federal or other state offense that under the laws of this state would be a sexually violent offense, as defined in K.S.A. 59-29a02, and amendments thereto, the attorney general may file the petition in the county where the person now resides, was charged or convicted of any offense, or was released.

(c) Service of the petition on the attorney appointed or hired to represent the person shall be deemed sufficient service.

(d) The provisions of this section are not jurisdictional, and failure to comply with such provisions not affecting constitutional rights in no way prevents the attorney general from proceeding against a person otherwise subject to the provisions of the Kansas sexually violent predator act.

(e) Whenever a determination is made regarding whether a person may be a sexually violent predator, the county responsible for the costs incurred, including, but not limited to, costs of investigation, prosecution, defense, juries, witness fees and expenses, expert fees and expenses and other expenses related to determining whether a person may be a sexually violent predator, shall be reimbursed for such costs by the office of the attorney general from the sexually violent predator expense fund. The attorney general shall develop and implement a procedure to provide such reimbursements. If there are no moneys available in such fund to pay any such reimbursements, the county may file a claim against the state pursuant to article 9 of chapter 46, of the Kansas Statutes Annotated, and amendments thereto.

(f) The person against whom a petition is filed shall be responsible for the costs of the medical care and treatment provided or made accessible by the governmental entity having custody, and the governmental entity having custody may seek reimbursement from the person against whom a petition has been filed for such costs.

(g) Pre-commitment proceedings, post-commitment proceedings, including conditional release and final discharge and other court proceedings are civil in nature. Such proceedings shall follow the procedures set forth in chapter 60 of the Kansas Statutes Annotated, and amendments thereto, except as expressly provided elsewhere in the Kansas sexually violent predator act.

History: L. 1994, ch. 316, § 4; L. 1995, ch. 193, § 3; L. 1999, ch. 140, § 4; L. 2003, ch. 152, § 2; L. 2007, ch. 170, § 4; L. 2015, ch. 95, § 3; July 1.

Notes of Decisions
Cited in 27 cases (3 in the last 5 years), 1996–2026 · leading case: In Re Care & Treatment of Searcy, 49 P.3d 1 (Kan. 2002).
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In Re Care & Treatment of Searcy, 49 P.3d 1 (Kan. 2002). · cites it 8× “K.S.A. 2001 Supp. 59-29a04 75-day Limitation In Ingram, 266 Kan.”
In Re the Care & Treatment of Hunt, 82 P.3d 861 (Kan. Ct. App. 2004). · cites it 4× “In Ingram, the Supreme Court interpreted the SVPA’s statutory time limit for filing of petitions, interpreting K.S.A. 1997 Supp. 59-29a04. That statute required that a petition be filed within 75 days of the date the attorney general received written notice from the custodial…”
In Re the Care & Treatment of Crane, 7 P.3d 285 (Kan. 2000). · cites it 3× “With respect to the timing of the petition, there is nothing in the record to suggest that it was improper under the version of K.S.A. 59-29a04 that was effective at the time of Crane’s release.”
In Re the Care & Treatment of Ingram, 965 P.2d 831 (Kan. 1998). · cites it 7× “The petition was not filed “within 75 days of the date the attorney general received the written notice” as provided by K.S.A. 1997 Supp. 59-29a04. The petition was filed 88 days after the attorney general was properly notified.”
In re Care & Treatment of Easterberg, 437 P.3d 964 (Kan. 2019). · cites it 2× “" K.S.A. 2017 Supp. 59-29a04(a) provides when and where the attorney general may file a petition alleging a person is a sexually violent predator: "When the prosecutor's review committee, appointed as provided in K.”
In re the Care & Treatment of Hendricks, 912 P.2d 129 (Kan. 1996). · cites it 2× “K.S.A. 59-29a04 prescribes initiation of the commitment procedure: “When it appears that the person presently confined may be a sexually violent predator, the prosecuting attorney of the county where the person was convicted or charged or the attorney general if requested by the…”
In re the Care & Treatment of Ontiberos, 287 P.3d 855 (Kan. 2012). “K.S.A. 59-29a04(a). Once the petition is filed, a judge must determine whether probable cause exists to believe the person is a sexually violent predator and should be taken into custody.”
In Re the Care & Treatment of Sporn, 215 P.3d 615 (Kan. 2009). “K.S.A. 59-29a04(a) provides that the petition, in addition to alleging that the respondent is a sexually violent predator, is to state “sufficient facts to support such allegation.”
In Re the Care & Treatment of Foster, 107 P.3d 1249 (Kan. Ct. App. 2005). · cites it 2× “See K.S.A. 2004 Supp. 59-29a04. On March 10, 2003, a probable cause hearing was held.”
In re Care & Treatment of Saiz, 492 P.3d 484 (Kan. Ct. App. 2021). “See K.S.A. 2020 Supp. 59-29a04(g) ("Pre-commitment proceedings, post-commitment proceedings, including conditional release and final discharge and other court proceedings are civil in nature.”
In Re the Care & Treatment of Johnson, 85 P.3d 1252 (Kan. Ct. App. 2004). “59-29a03; K.S.A. 2000 Supp. 59-29a02(f). The prosecutor then has the option of filing a petition seeking that person’s commitment under the Act.”
In Re the Care & Treatment of Blackmore, 39 P.3d 89 (Kan. Ct. App. 2002). “The Brown court compared the 60-day rule in 59-29a06 to the 75-day rule for filing a petition alleging a sexually violent predator in K.S.A. 1997 Supp. 59-29a04. The Brown court based its rating on the holding in In re Care & Treatment of Ingram, 266 Kan.”
Show all 27 citing cases →
— K.S.A. § 59-29a04(a) — 12 cases
In re Care & Treatment of Easterberg, 437 P.3d 964 (Kan. 2019). “" K.S.A. 2017 Supp. 59-29a04(a) provides when and where the attorney general may file a petition alleging a person is a sexually violent predator: "When the prosecutor's review committee, appointed as provided in K.”
In re the Care & Treatment of Ontiberos, 287 P.3d 855 (Kan. 2012). “K.S.A. 59-29a04(a). Once the petition is filed, a judge must determine whether probable cause exists to believe the person is a sexually violent predator and should be taken into custody.”
In Re the Care & Treatment of Sporn, 215 P.3d 615 (Kan. 2009). “K.S.A. 59-29a04(a) provides that the petition, in addition to alleging that the respondent is a sexually violent predator, is to state “sufficient facts to support such allegation.”
In Re Care & Treatment of Searcy, 49 P.3d 1 (Kan. 2002). “K.S.A. 2001 Supp. 59-29a04 75-day Limitation In Ingram, 266 Kan.”
In Re the Care & Treatment of Palmer, 265 P.3d 565 (Kan. Ct. App. 2011).
— K.S.A. § 59-29a04(b) — 3 cases
In Re the Care & Treatment of Hunt, 82 P.3d 861 (Kan. Ct. App. 2004). “In Ingram, the Supreme Court interpreted the SVPA’s statutory time limit for filing of petitions, interpreting K.S.A. 1997 Supp. 59-29a04. That statute required that a petition be filed within 75 days of the date the attorney general received written notice from the custodial…”
In Re the Care & Treatment of Crane, 7 P.3d 285 (Kan. 2000). “With respect to the timing of the petition, there is nothing in the record to suggest that it was improper under the version of K.S.A. 59-29a04 that was effective at the time of Crane’s release.”
In re the Care & Treatment of Lowry, 304 P.3d 696 (Kan. Ct. App. 2012).
— K.S.A. § 59-29a04(g) — 3 cases
In re Care & Treatment of Saiz, 492 P.3d 484 (Kan. Ct. App. 2021). “See K.S.A. 2020 Supp. 59-29a04(g) ("Pre-commitment proceedings, post-commitment proceedings, including conditional release and final discharge and other court proceedings are civil in nature.”
In re Care & Treatment of Jones, 459 P.3d 827 (Kan. Ct. App. 2020).
In re Care & Treatment of Merryfield (Kan. Ct. App. 2022).
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