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

K.S.A. § 59-29a11 (2026)

Transitional release, conditional release or final discharge; subsequent discharge petitions, limitations; prohibition of location of facilities; facilities subject to zoning; county limitations; annual report by secretary for aging and disability services

✓ current as of May 2026
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59-29a11. Transitional release, conditional release or final discharge; subsequent discharge petitions, limitations; prohibition of location of facilities; facilities subject to zoning; county limitations; annual report by secretary for aging and disability services. (a) If a person has previously filed a petition for transitional release, conditional release or final discharge without the secretary for aging and disability services approval and the court determined either upon review of the petition or following a hearing, that the person's petition was frivolous or that the person's condition had not significantly changed so that it is safe for the person to be at large, then the court shall deny the subsequent petition, unless the petition contains facts upon which a court could find the condition of the petitioner had significantly changed so that a hearing was warranted. Upon receipt of a first or subsequent petition from committed persons without the secretary's approval, the court shall endeavor whenever possible to review the petition and determine if the petition is based upon frivolous grounds and if so shall deny the petition without a hearing.

(b) No transitional release or conditional release facility or building shall be located within 2,000 feet of a licensed child care facility, an established place of worship, any residence in which a child under 18 years of age resides, or the real property of any school upon which is located a structure used by a unified school district or an accredited nonpublic school for student instruction or attendance or extracurricular activities of pupils enrolled in kindergarten or any grades one through 12. This subsection shall not apply to any state institution or facility.

(c) Transitional release or conditional release facilities or buildings shall be subject to all regulations applicable to other property and buildings located in the zone or area that are imposed by any municipality through zoning ordinance, resolution or regulation, such municipality's building regulatory codes, subdivision regulations or other nondiscriminatory regulations.

(d) On and after July 1, 2015, the secretary for aging and disability services shall place no more than 16 sexually violent predators in any one county on transitional release.

(e) The secretary for aging and disability services shall submit an annual report to the governor and the legislature during the first week of the regular legislative session detailing activities related to the transitional release and conditional release of sexually violent predators. The report shall include the status of such predators who have been placed in transitional release or conditional release including the number of any such predators and their locations; information regarding the number of predators who have been returned to the sexually violent predator treatment program at Larned state hospital along with the reasons for such return; and any plans for the development of additional transitional release or conditional release facilities.

History: L. 1994, ch. 316, § 11; L. 1998, ch. 198, § 6; L. 2006, ch. 214, § 13; L. 2009, ch. 84, § 2; L. 2010, ch. 161, § 3; L. 2014, ch. 115, § 216; L. 2015, ch. 95, § 10; L. 2018, ch. 94, § 4; July 1.

Notes of Decisions
Cited in 9 cases (5 in the last 5 years), 1996–2026 · 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). “Third, the committed person can petition the district court without the Secretary's approval pursuant to K.S.A. 59-29a11(a). Regardless of which procedure is used, it is clear that a court order is required for placement of a committed person into transitional release.”
In re the Care & Treatment of Hendricks, 912 P.2d 129 (Kan. 1996). “See K.S.A. 59-29a11. K.S.A. 59-29al3 provides that “prior to the release of a person committed under this act, the secretary of the department of social *253 and rehabilitation services shall give written notice of such release to any victim of the person’s activities or crime.”
In re Care & Treatment of Quillen, 481 P.3d 791 (Kan. 2021). “115, §§ 214-16; see K.S.A. 2014 Supp. 59-29a02; K.S.A. 2014 Supp.”
In re Care & Treatment of Quillen, 451 P.3d 478 (Kan. Ct. App. 2019). “§ 59-29a11. If the court found that the State could no longer satisfy its burden under the initial commitment standard, the individual would be freed from confinement.”
In re Care & Treatment of Huntington (Kan. Ct. App. 2020). “) K.S.A. 2018 Supp. 59-29a11(a). The annual review hearing is not an evidentiary hearing for transitional release.”
In re Care & Treatment of Wilson (Kan. Ct. App. 2021). “" K.S.A. 2020 Supp. 59-29a08(d). If the district court previously denied a petition for transitional release because the person's condition had not significantly changed, "then the court shall deny the subsequent petition, unless the petition contains facts upon which a court…”
In re Care & Treatment of Sells (Kan. Ct. App. 2021). “" K.S.A. 2020 Supp. 59-29a08(d). If the district court previously denied a petition for transitional release because the person's condition had not significantly changed, "then the court shall deny the subsequent petition, unless the petition contains facts upon which a court…”
In re Care & Treatment of Howard – Per Curiam – Affirmed – Sedgwick (Kan. Ct. App. 2023). “" K.S.A. 2022 Supp. 59-29a11(a). Moreover, "[i]f the person does not participate in the prescribed treatment plan, the person is presumed to be unable to show probable cause to believe the person is safe to be released.”
In re Care & Treatment of Delimont (Kan. Ct. App. 2026). “" K.S.A. 59-29a11(a). 7 In this case, Delimont received his annual review and petitioned the district court for transitional release.”
K.S.A. § 59-29a11(a): 6 cases
In Re the Care & Treatment of Twilleger, 263 P.3d 199 (Kan. Ct. App. 2011). “Third, the committed person can petition the district court without the Secretary's approval pursuant to K.S.A. 59-29a11(a). Regardless of which procedure is used, it is clear that a court order is required for placement of a committed person into transitional release.”
In re Care & Treatment of Huntington (Kan. Ct. App. 2020). “) K.S.A. 2018 Supp. 59-29a11(a). The annual review hearing is not an evidentiary hearing for transitional release.”
In re Care & Treatment of Wilson (Kan. Ct. App. 2021). “" K.S.A. 2020 Supp. 59-29a08(d). If the district court previously denied a petition for transitional release because the person's condition had not significantly changed, "then the court shall deny the subsequent petition, unless the petition contains facts upon which a court…”
In re Care & Treatment of Sells (Kan. Ct. App. 2021). “" K.S.A. 2020 Supp. 59-29a08(d). If the district court previously denied a petition for transitional release because the person's condition had not significantly changed, "then the court shall deny the subsequent petition, unless the petition contains facts upon which a court…”
In re Care & Treatment of Howard – Per Curiam – Affirmed – Sedgwick (Kan. Ct. App. 2023). “" K.S.A. 2022 Supp. 59-29a11(a). Moreover, "[i]f the person does not participate in the prescribed treatment plan, the person is presumed to be unable to show probable cause to believe the person is safe to be released.”
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