K.S.A. » Chapter 59

K.S.A. § 59-29a05

Filing of petition; determination of probable cause; person taken into custody; filing of protective orders; hearing, notice and opportunity to appear, limitations; rights of person named in petition; evaluation; procedure for appearance of person confined to correctional facility; limitation on certain rights

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59-29a05. Filing of petition; determination of probable cause; person taken into custody; filing of protective orders; hearing, notice and opportunity to appear, limitations; rights of person named in petition; evaluation; procedure for appearance of person confined to correctional facility; limitation on certain rights. (a) Upon filing of a petition under K.S.A. 59-29a04, and amendments thereto, the court shall determine whether probable cause exists to believe that the person named in the petition is a sexually violent predator. If such determination is made, the court shall:

(1) Direct that the person be taken into custody and detained in the county jail until such time as a determination is made that the person is a sexually violent predator subject to commitment under the Kansas sexually violent predator act, unless the person is subject to secure confinement at a correctional facility operated by the secretary of corrections. When the person is no longer subject to secure confinement at a correctional facility operated by the secretary of corrections, the court shall direct that the sheriff of the county where the petition is filed, or the sheriff's lawful designee, transport the person to the county jail and detain the person in the county jail until such time as a determination is made that the person is a sexually violent predator subject to commitment under the Kansas sexually violent predator act; and

(2) file a protective order permitting disclosures of protected health information to the parties, their counsel, evaluators, experts and others necessary to the litigation during the course of the proceedings subject to the Kansas sexually violent predator act.

(b) As soon as reasonably practicable or agreed upon by the parties after the filing of a petition under K.S.A. 59-29a04, and amendments thereto, the court shall order that the person named in the petition be provided with notice of, and an opportunity to appear in person at, a hearing to contest probable cause as to whether the person is a sexually violent predator. At this hearing the court shall:

(1) Verify the person's identity; and

(2) determine whether probable cause exists to believe that the person is a sexually violent predator. The state may rely upon the petition and supplement the petition with additional documentary evidence or live testimony.

(c) At the probable cause hearing as provided in subsection (b), the person shall have the following rights in addition to the rights previously specified:

(1) To be represented by counsel;

(2) to present evidence on such person's behalf;

(3) to cross-examine witnesses who testify against such person; and

(4) to view and copy all petitions and reports in the court file.

(d) If the probable cause determination is made, the court shall order that the person be transferred to an appropriate secure facility, including, but not limited to, a county jail, for an evaluation as to whether the person is a sexually violent predator. The evaluation ordered by the court shall be conducted by a person deemed to be professionally qualified to conduct such an examination.

(e) The person conducting the evaluation ordered by the court pursuant to this section shall notify the person being evaluated of the following:

(1) The nature and purpose of the evaluation; and

(2) that the evaluation will not be confidential and that any statements made by the person and any conclusions drawn by the evaluator, will be disclosed to the court, the person's attorney, the prosecutor and the trier of fact at any proceeding conducted under the Kansas sexually violent predator act.

(f) When a proceeding under the Kansas sexually violent predator act is required to be conducted by the court and the person involved in the proceeding remains subject to secure confinement at a correctional facility operated by the secretary of corrections, the court may secure the person's attendance at the proceeding by directing the sheriff of the county where the proceeding will be held, or the sheriff's lawful designee, to take the person into the sheriff's physical custody. The sheriff may detain such person in the county jail for such time deemed reasonable by the sheriff and the secretary of corrections to secure the person's attendance at the proceeding.

(g) Nothing in this section shall be construed to give a person:

(1) The right to appear at a proceeding under the Kansas sexually violent predator act absent a court order; or

(2) any right whatsoever in the amount of time the person is detained in the county jail to secure the person's attendance at a proceeding under the Kansas sexually violent predator act.

History: L. 1994, ch. 316, § 5; L. 1995, ch. 193, § 4; L. 2012, ch. 59, § 1; L. 2015, ch. 95, § 5; L. 2022, ch. 47, § 3; July 1.

Notes of Decisions
Cited in 28 cases (2 in the last 5 years), 1996–2026 · leading case: In re the Care & Treatment of Ontiberos
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In re the Care & Treatment of Ontiberos (2012) kan · cites it 5× “See K.S.A. 59-29a05 (right to probable cause hearing with counsel and the opportunity to present evidence); K.”
In re Care & Treatment of Easterberg (2019) kan · cites it 4× “" K.S.A. 2017 Supp. 59-29a05(a). If such determination is made, "the court shall set the matter for a pretrial conference to establish a mutually 11 agreeable date for trial to determine whether the person is a sexually violent predator.”
In Re Care & Treatment of Searcy (2002) kan · cites it 5× “"Within 60 days after the completion of any hearing held pursuant to K.S.A. 59-29a05 and amendments thereto, the court shall conduct a trial to determine whether the person is a sexually violent predator.”
State v. Goode (2002) fla “The relevant portion of the Kansas act, which is nearly identical to Florida's Ryce Act except for the specific amount of time allowed for trial, reads: Within 60 days after the completion of any hearing held pursuant to K.S.A. 59-29a05 and amendments thereto, the court shall…”
In re the Care & Treatment of Hendricks (1996) kan · cites it 2× “K.S.A. 59-29a05. K.S.A. 59-29a06 provides that “[w]ithin 45 days after the filing of a petition .”
In Re the Care & Treatment of Foster (2005) kanctapp · cites it 4× “See K.S.A. 2004 Supp. 59-29a04. On March 10, 2003, a probable cause hearing was held.”
Lile v. Simmons (2001) ksd · cites it 2× “See K.S.A. §§ 59-29a05, 29a06 (process for civil commitment); K.”
In Re the Care & Treatment of Emerson (2016) kanctapp · cites it 3× “59- 29a06(a) provided: "Within 60 days after the completion of any hearing held pursuant to K.S.A. 59-29a05 and amendments thereto, the court shall conduct a trial to determine whether the person is a sexually violent predator.”
In re the Care & Treatment of Ritchie (2013) kanctapp · cites it 4× “Ritchie stipulated that probable cause existed to believe he was a sexually violent predator, and he waived his right to a probable cause hearing under K.S.A. 59-29a05. The district court ordered *701 Ritchie to the Lamed State Security Hospital for a psychological evaluation.”
In Re the Care & Treatment of Foster (2006) kan “59-29a06; requires a unanimous verdict of a jury, K.S.A. 2004 Supp. 59-29a07; carries the peril of indefinite commitment to the custody of the Secretary of Social and Rehabilitation Services, K.”
In Re the Care & Treatment of Hunt (2004) kanctapp “At the time of the filing of these cases, that statute read: “Within 60 days after the completion of any hearing held pursuant to K.S.A. 59-29a05 and amendments thereto, the court shall conduct a trial to determine whether the person is a sexually violent predator.”
In re the Care & Treatment of Burch (2012) kan “See K.S.A. 59-29a05 (discussing initial probable cause determina *225 tion under SVPA).”
Show all 28 citing cases →
— K.S.A. § 59-29a05(a) — 6 cases
In re Care & Treatment of Easterberg (2019) kan “" K.S.A. 2017 Supp. 59-29a05(a). If such determination is made, "the court shall set the matter for a pretrial conference to establish a mutually 11 agreeable date for trial to determine whether the person is a sexually violent predator.”
In re the Care & Treatment of Ontiberos (2012) kan “See K.S.A. 59-29a05 (right to probable cause hearing with counsel and the opportunity to present evidence); K.”
In Re the Care & Treatment of Sipe (2010) kanctapp
In re Care & Treatment of Ellison (2016) kan
In re Care & Treatment of Dominguez (2020) kanctapp
— K.S.A. § 59-29a05(a)(1) — 1 case
In re Care & Treatment of Easterberg (2019) kan “" K.S.A. 2017 Supp. 59-29a05(a). If such determination is made, "the court shall set the matter for a pretrial conference to establish a mutually 11 agreeable date for trial to determine whether the person is a sexually violent predator.”
— K.S.A. § 59-29a05(b) — 7 cases
In re the Care & Treatment of Ontiberos (2012) kan “See K.S.A. 59-29a05 (right to probable cause hearing with counsel and the opportunity to present evidence); K.”
In re Care & Treatment of Jones (2020) kanctapp
In re the Care & Treatment of Sykes (2014) kanctapp
In re Smith (2018) kanctapp
In re Care & Treatment of Ellison (2016) kan
— K.S.A. § 59-29a05(c)(l) — 1 case
In re the Care & Treatment of Ontiberos (2012) kan “See K.S.A. 59-29a05 (right to probable cause hearing with counsel and the opportunity to present evidence); K.”
— K.S.A. § 59-29a05(d) — 8 cases
In re the Care & Treatment of Ontiberos (2012) kan “See K.S.A. 59-29a05 (right to probable cause hearing with counsel and the opportunity to present evidence); K.”
In re the Care & Treatment of Ritchie (2013) kanctapp “Ritchie stipulated that probable cause existed to believe he was a sexually violent predator, and he waived his right to a probable cause hearing under K.S.A. 59-29a05. The district court ordered *701 Ritchie to the Lamed State Security Hospital for a psychological evaluation.”
In Re the Care & Treatment of Palmer (2011) kanctapp
In re Care & Treatment of Jones (2020) kanctapp
In re Care & Treatment of Dominguez (2020) kanctapp
— K.S.A. § 59-29a05(g)(1) — 1 case
In re Care and Treatment of Thomas (2026) kanctapp
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