60-1501.
Jurisdiction and right to writ; time limitations.
(a) Subject to the provisions of K.S.A. 60-1507, and amendments thereto, any person in this state who is detained, confined or restrained of liberty on any pretense whatsoever, and any parent, guardian, or next friend for the protection of infants or allegedly incapacitated or incompetent persons, physically present in this state may prosecute a writ of habeas corpus in the supreme court, court of appeals or the district court of the county in which such restraint is taking place. No docket fee shall be required, as long as the petitioner complies with the provisions of subsection (b) of K.S.A. 60-2001, and amendments thereto.
(b) Except as provided in K.S.A. 60-1507, and amendments thereto, an inmate in the custody of the secretary of corrections shall file a petition for writ pursuant to subsection (a) within 30 days from the date the action was final, but such time is extended during the pendency of the inmate's timely attempts to exhaust such inmate's administrative remedies.
(c) Except as provided in K.S.A. 60-1507, and amendments thereto, a patient in the custody of the secretary for aging and disability services pursuant to K.S.A. 59-29a01 et seq., and amendments thereto, shall file a petition for writ pursuant to subsection (a) within 30 days from the date the action was final, but such time is extended during the pendency of the patient's timely attempts to exhaust such patient's administrative remedies.
History:
L. 1963, ch. 303, 60-1501; L. 1976, ch. 251, § 23; L. 1994, ch. 227, § 3; L. 1996, ch. 148, § 3; L. 2012, ch. 90, § 2; L. 2014, ch. 115, § 231; July 1.
Notes of Decisions
Cited in
410
cases (
157 in the last 5 years), 1961–2026 · leading case:
Denney v. Norwood, 505 P.3d 730 (Kan. 2022).
Denney v. Norwood, 505 P.3d 730 (Kan. 2022).
· cites it 41× “60-256 when evaluating a motion to summarily dismiss a petition for habeas corpus under K.”
Johnson v. Zmuda, 481 P.3d 180 (Kan. Ct. App. 2021).
· cites it 30× “60-1501(a) provides three options for where a K.S.A. 60-1501 petition may be filed—in the Kansas Supreme Court, in the Kansas Court of Appeals, or in the district court of the county in which the petitioner's detention, confinement, or restraint is taking place.”
Johnson v. State, 215 P.3d 575 (Kan. 2009).
· cites it 13× “: Edward Johnson and Chase Collins (Petitioners) filed a pro se petition for writ of habeas corpus pursuant to K.S.A. 60-1501 in Pawnee County District Court, seeking release from the custody of the Department of Social and Rehabilitation Services (SRS) and the Sexual Predator…”
Griffin v. Bruffett, 389 P.3d 992 (Kan. Ct. App. 2017).
· cites it 23× “While there is no direct corollary to a claim of actual innocence in the context of an untimely K.S.A. 2015 Supp. 60-1501 petition raised by an SVP contesting his or her continued confinement, it is reasonable to require some showing that there has been a change in the…”
Battrick v. State, 985 P.2d 707 (Kan. 1999).
· cites it 26× “: Three consolidated K.S.A. 1998 Supp. 60-1501 habeas corpus cases challenge the constitutionality of K.”
Washington v. Roberts, 152 P.3d 660 (Kan. Ct. App. 2007).
· cites it 13× “: Marcus Washington appeals from the trial court’s dismissal of his K.S.A. 60-1501 petition for failure to state a claim upon which relief can be granted.”
Williams v. DesLauriers, 172 P.3d 42 (Kan. Ct. App. 2007).
· cites it 16× “: Travis Williams appeals from the trial court’s summary dismissal of his K.S.A. 60-1501 petition. On appeal, Williams contends that the lack of a formal disciplinary procedure in the Sexual Predator Treatment Program (SPTP) at the Lamed State Hospital denied him due process…”
Merryfield v. State, 241 P.3d 573 (Kan. Ct. App. 2010).
· cites it 11× “He has filed a habeascorpus petition under K.S.A. 60-1501 raising claims that go to the *818 core of the Kansas treatment program for sexual predators: Merryfield claims that the program is run so poorly that it doesn’t offer a realistic opportunity to cure or improve the mental…”
Requena v. Roberts, 893 F.3d 1195 (10th Cir. 2018).
· cites it 2× “He was charged with "undue familiarity with a correctional staff member" and, after a disciplinary hearing at which Requena alleges he was unable to present documentary evidence in his favor, he was found guilty.”
In re the Care & Treatment of Ontiberos, 287 P.3d 855 (Kan. 2012).
· cites it 9× “We hold that due process guarantees a person facing civil commitment under the KSVPA a right to counsel at trial, and that person may challenge the effectiveness of his or her trial counsel on direct appeal or under K.S.A. 60-1501. Based on those holdings, Ontiberos’…”
Chubb v. Sullivan, 330 P.3d 423 (Kan. Ct. App. 2014).
· cites it 15× “On appeal he contends that the district court erred in summarily dismissing his petition filed under K.S.A. 60-1501. Chubb alleges four errors on appeal.”
Holt v. Saiya, 17 P.3d 368 (Kan. Ct. App. 2000).
· cites it 19× “K.S.A. 1999 Supp. 60-1501 provides: “(a) Subject to the provisions of K.”
— K.S.A. § 60-1501(a) — 29 cases
Johnson v. Zmuda, 481 P.3d 180 (Kan. Ct. App. 2021).
“60-1501(a) provides three options for where a K.S.A. 60-1501 petition may be filed—in the Kansas Supreme Court, in the Kansas Court of Appeals, or in the district court of the county in which the petitioner's detention, confinement, or restraint is taking place.”
Denney v. Norwood, 505 P.3d 730 (Kan. 2022).
“60-256 when evaluating a motion to summarily dismiss a petition for habeas corpus under K.”
In re the Care & Treatment of Ontiberos, 287 P.3d 855 (Kan. 2012).
“We hold that due process guarantees a person facing civil commitment under the KSVPA a right to counsel at trial, and that person may challenge the effectiveness of his or her trial counsel on direct appeal or under K.S.A. 60-1501. Based on those holdings, Ontiberos’…”
Williams v. DesLauriers, 172 P.3d 42 (Kan. Ct. App. 2007).
“: Travis Williams appeals from the trial court’s summary dismissal of his K.S.A. 60-1501 petition. On appeal, Williams contends that the lack of a formal disciplinary procedure in the Sexual Predator Treatment Program (SPTP) at the Lamed State Hospital denied him due process…”
— K.S.A. § 60-1501(b) — 37 cases
Battrick v. State, 985 P.2d 707 (Kan. 1999).
“: Three consolidated K.S.A. 1998 Supp. 60-1501 habeas corpus cases challenge the constitutionality of K.”
Holt v. Saiya, 17 P.3d 368 (Kan. Ct. App. 2000).
“K.S.A. 1999 Supp. 60-1501 provides: “(a) Subject to the provisions of K.”
— K.S.A. § 60-1501(c) — 6 cases
Griffin v. Bruffett, 389 P.3d 992 (Kan. Ct. App. 2017).
“While there is no direct corollary to a claim of actual innocence in the context of an untimely K.S.A. 2015 Supp. 60-1501 petition raised by an SVP contesting his or her continued confinement, it is reasonable to require some showing that there has been a change in the…”
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