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

K.S.A. § 59-29a10 (2026)

Petitions for transitional or conditional release; procedure

✓ current as of May 2026
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59-29a10. Petitions for transitional or conditional release; procedure. (a) (1) If the secretary determines that the person's mental abnormality or personality disorder has significantly changed so that the person is not likely to engage in repeat acts of sexual violence if placed in transitional release, the secretary shall authorize the person to petition the court for transitional release. The petition shall be served upon the court and the attorney general. The court, upon service of the petition for transitional release, shall issue notice of a hearing to be scheduled within 30 days. The attorney general shall represent the state, and shall have the right to have the petitioner examined by an expert or professional person of the attorney general's choice. The burden of proof shall be upon the attorney general to show beyond a reasonable doubt that the petitioner's mental abnormality or personality disorder remains such that the petitioner is not safe to be at large and that if placed in transitional release is likely to engage in repeat acts of sexual violence.

(2) If, after the hearing, the court is convinced beyond a reasonable doubt that the person is not sufficiently safe to warrant transitional release, the court shall order that the person remain in secure commitment. Otherwise, the court shall order that the person be placed in transitional release.

(3) The provisions of K.S.A. 59-29a08(i), (j) and (k), and amendments thereto, shall apply to a transitional release pursuant to this section.

(b) (1) If the secretary determines that the person's mental abnormality or personality disorder has significantly changed so that the person is not likely to engage in repeat acts of sexual violence if placed in conditional release, the secretary shall authorize the person to petition the court for conditional release. The petition shall be served upon the court and the attorney general. The court, upon service of the petition for conditional release, shall issue notice of a hearing to be scheduled within 30 days. The attorney general shall represent the state, and shall have the right to have the petitioner examined by an expert or professional person of the attorney general's choice. The burden of proof shall be upon the attorney general to show beyond a reasonable doubt that the petitioner's mental abnormality or personality disorder remains such that the petitioner is not safe to be at large and that if placed in conditional release is likely to engage in repeat acts of sexual violence.

(2) If, after the hearing, the court is convinced beyond a reasonable doubt that the person is not sufficiently safe to warrant conditional release, the court shall order that the person remain either in secure commitment or in transitional release. Otherwise, the court shall order that the person be placed in conditional release.

(3) The provisions of K.S.A. 59-29a18(h) and 59-29a19(a), (d) and (e), and amendments thereto, shall apply to a conditional release pursuant to this section.

History: L. 1994, ch. 316, § 10; L. 1995, ch. 193, § 8; L. 1998, ch. 198, § 5; L. 2003, ch. 152, § 6; L. 2015, ch. 95, § 9; L. 2017, ch. 83, § 2; July 1.

Notes of Decisions
Cited in 7 cases (4 in the last 5 years), 2011–2025 · leading case: In Re the Care & Treatment of Twilleger, 263 P.3d 199 (Kan. Ct. App. 2011).
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In Re the Care & Treatment of Twilleger, 263 P.3d 199 (Kan. Ct. App. 2011). “Second, if the Secretary of SRS finds that the committed person is a candidate for transitional release, authorization may be given for the person to petition the district court for placement pursuant to K.S.A. 59-29a10(a). Third, the committed person can petition the district…”
In re Care & Treatment of Quillen, 481 P.3d 791 (Kan. 2021). “K.S.A. 2019 Supp. 59-29a08(d); K.S.A. 2019 Supp.”
In re Care & Treatment of Ritchie, 465 P.3d 184 (Kan. Ct. App. 2020). “See K.S.A. 2019 Supp. 59-29a08(k); see also K.”
In re Care & Treatment of Quillen, 451 P.3d 478 (Kan. Ct. App. 2019). “§ 59-29a10. Finally, even without the Secretary's permission, the confined person could at any time file a release petition.”
In re Care & Treatment of Merryfield (Kan. Ct. App. 2022). · cites it 2× “59-29a08(h) and K.S.A. 59-29a10. That has never happened in this case.”
In re Care & Treatment of Greene (Kan. Ct. App. 2023). “K.S.A. 2022 Supp. 59-29a10(a)(1), (b)(1).”
Ryan v. Kansas, State of (D. Kan. 2025). “§ 59-29a10(a)(1). At the transitional release hearing, the burden shifts to the state “to prove beyond a reasonable doubt that the person’s mental abnormality or personality disorder remains such that the person is not safe to be placed in transitional release and if…”
— K.S.A. § 59-29a10(a) — 2 cases
In Re the Care & Treatment of Twilleger, 263 P.3d 199 (Kan. Ct. App. 2011). “Second, if the Secretary of SRS finds that the committed person is a candidate for transitional release, authorization may be given for the person to petition the district court for placement pursuant to K.S.A. 59-29a10(a). Third, the committed person can petition the district…”
In re Care & Treatment of Merryfield (Kan. Ct. App. 2022). “59-29a08(h) and K.S.A. 59-29a10. That has never happened in this case.”
— K.S.A. § 59-29a10(a)(1) — 3 cases
In re Care & Treatment of Quillen, 481 P.3d 791 (Kan. 2021). “K.S.A. 2019 Supp. 59-29a08(d); K.S.A. 2019 Supp.”
In re Care & Treatment of Greene (Kan. Ct. App. 2023). “K.S.A. 2022 Supp. 59-29a10(a)(1), (b)(1).”
Ryan v. Kansas, State of (D. Kan. 2025). “§ 59-29a10(a)(1). At the transitional release hearing, the burden shifts to the state “to prove beyond a reasonable doubt that the person’s mental abnormality or personality disorder remains such that the person is not safe to be placed in transitional release and if…”
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