Chapter 59, PROBATE CODE

59-2979. Disclosure of records. (a) The district court records, and any treatment records or medical records of any patient or former patient that are in the possession of any district court or treatment facility shall be privileged and shall not be disclosed except: (1) Upon the…

59-2980. Civil and criminal liability. Any person or law enforcement agency, governing body, community mental health center or personnel acting in good faith and without negligence shall be free from all liability, civil or criminal, that might arise out of acting or declining to…

59-2981. Costs; payment by residence county, when. In each proceeding the court shall allow and order paid to any individual or treatment facility as part of the costs thereof a reasonable fee and expenses for any professional services ordered performed by the court pursuant to t…

59-2982. Notice of death of patients in treatment facilities. In the event of the death of a patient in a treatment facility, the head of the treatment facility shall immediately give notice of the date, time, place and cause of such death, to the extent known, to the nearest kno…

59-2983. Applicability to persons in custody on criminal charges. Nothing in this act shall be construed to apply to any person alleged or thought to be a mentally ill person subject to involuntary commitment for care and treatment under this act who is in custody on a criminal c…

59-2984. Severability. If any provision of this act or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and …

59-29a01. Kansas sexually violent predator act; civil commitment of sexually violent predators; legislative findings; time requirements directory. (a) The legislature finds that there exists an extremely dangerous group of sexually violent predators who have a mental abnormality …

59-29a02. Civil commitment of sexually violent predators; definitions. As used in this act: (a) "Sexually violent predator" means any person who has been convicted of or charged with a sexually violent offense and who suffers from a mental abnormality or personality disorder whic…

59-29a03. Notice of release of sexually violent predator by agency with jurisdiction to attorney general and multidisciplinary team, time, contents; immunity from liability; establishing a multidisciplinary team, review of records, assessment of whether person meets definition of…

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 provide…

59-29a04a. Sexually violent predator expense fund. (a) There is hereby created in the state treasury the sexually violent predator expense fund which shall be administered by the attorney general. All moneys credited to such fund shall be used to reimburse counties under: (1) K.S…

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 correction…

59-29a06. Pretrial conference; trial; counsel, examiners and experts; indigent persons; jury, composition, peremptory challenges. (a) Within 60 days after the completion of any hearing held pursuant to K.S.A. 59-29a05, and amendments thereto, the court shall set the matter for a …

59-29a07. Determination that person is a sexually violent predator; appeal; commitment procedure; interagency agreements; mistrials; persons committed and later taken into custody after parole, arrest or conviction, procedure; persons found incompetent to stand trial, procedure. …

59-29a08. Examination of mental condition of committed persons; annual review hearing for transitional release; rights and procedures; court orders; transitional release program. (a) Each person committed under the Kansas sexually violent predator act shall have a current examina…

59-29a09. Detention and commitment to conform to constitutional requirements. The involuntary detention or commitment of persons under this act shall conform to constitutional requirements for care and treatment. History: L. 1994, ch. 316, § 9; May 19.

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 place…

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 per…

59-29a12. Responsibility for costs of evaluation and treatment of persons committed to the secretary for aging and disability services; duties; reimbursement; costs paid by committed person. (a) For state budgetary purposes, the secretary shall be responsible for all cost relatin…

59-29a13. Notice to victims of release of persons committed under this act. In addition to any other information required to be released under this act, prior to the release of a person committed under this act, the secretary shall give written notice of such placement or release…

59-29a14. Special allegation of sexual motivation; procedure; withdrawal or dismissal. (a) The county or district attorney shall file a special allegation of sexual motivation within 14 days after arraignment in every criminal case other than sex offenses as defined in article 35…

59-29a15. Severability. If any provision of this act or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provisions or application and,…

59-29a16. Confidential or privileged information and records. In order to protect the public, relevant information and records which are otherwise confidential or privileged shall be released to the agency with jurisdiction or the attorney general for the purpose of meeting the n…

59-29a17. Reports, records and statements as part of court records; sealed and opened by court order. Any psychological reports, drug and alcohol reports, treatment records, reports of the diagnostic center, medical records or victim impact statements which have been submitted to…

59-29a18. Transitional release; examination; annual review hearing for conditional release; rights and procedures; court orders. (a) During any period the person is in transitional release, the person committed under this act at least annually, and at any other time deemed approp…

59-29a19. Conditional release; plan of treatment; minimum term; hearing for final release; conditional release monitor; violating conditions of plan or release. (a) If the court determines that the person should be placed on conditional release, the court, based upon the recommen…

59-29a20. Bail, bond, house arrest or other release; not eligible. Any person for whom a petition pursuant to this act has been filed and is in the secure confinement of the state shall not be eligible for bail, bond, house arrest or any other measures releasing the person from t…

59-29a21. Severability. If any provision of this act* or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provisions or application and…

59-29a22. Persons in custody of secretary for aging and disability services; rights and rules of conduct; definitions; application of Kansas administrative procedure act and Kansas judicial review act. (a) As used in this section: (1) "Person" means any individual: (A) Who is rec…

59-29a23. Civil action filed by sexually violent predator; costs related thereto; dismissal; limitations on future actions. (a) Whenever a person civilly committed pursuant to the Kansas sexually violent predator act files any civil action relating to such commitment, including, …

59-29a24. Civil actions; exhaustion of administrative remedies required. Any person civilly committed pursuant to the Kansas sexually violent predator act, prior to filing any civil action, including, but not limited to, an action pursuant to K.S.A. 60-1501 et seq., and amendment…

59-29a25. Permanent physiological change, petition for discharge; procedure. (a) Whenever there is current evidence since the last annual examination from an expert or professional person that an identified physiological change to the committed person, such as paralysis, stroke o…

59-29a26. Post-commitment hearings, evaluations and other expenses; responsibility for costs. (a) The cost of any post-commitment hearings, annual review hearings, including those provided by the office of administrative hearings, evaluations or other expenses expressly provided …

59-29a27. Crimes committed by persons committed pursuant to K.S.A. 59-29a07; responsibility for costs of care and custody, costs of prosecution; reimbursement. (a) (1) Whenever a person civilly committed pursuant to K.S.A. 59-29a07, and amendments thereto, is in the custody of a …

59-29b45. Citation of act. The provisions of K.S.A. 59-29b45 through 59-29b84 and amendments thereto shall be known and may be cited as the care and treatment act for persons with an alcohol or substance abuse problem. History: L. 1998, ch. 134, § 1; July 1. Attorney General's Op…

59-29b46. Definitions. [See Revisor's Note] When used in the care and treatment act for persons with an alcohol or substance abuse problem: (a) "Discharge" means the final and complete release from treatment, by either the head of a treatment facility acting pursuant to K.S.A. 59…

59-29b47. Computation of time. (a) In computing the date upon or by which any act must be done or hearing held by under provisions of this article, the day on which an act or event occurred and from which a designated period of time is to be calculated shall not be included, but …

59-29b48. Civil rights of persons subject to the provisions of this act. (a) The fact that a person may have voluntarily accepted any form of treatment for an alcohol or substance abuse problem, or become subject to a court order entered under authority of this act, shall not be …

59-29b49. Voluntary admission to treatment facility; application; written information to be given voluntary patient. (a) A person with an alcohol or substance abuse problem may be admitted to a treatment facility as a voluntary patient when there are available accommodations and …

59-29b50. Discharge of a voluntary patient. The head of a treatment facility shall discharge any voluntary patient whose treatment in the facility is determined by the head of the treatment facility to have reached maximum benefit. Prior to the discharge, the head of the treatmen…

59-29b51. Right to discharge of voluntary patient; procedure. (a) A voluntary patient shall be entitled to be discharged from a treatment facility, by the head of the treatment facility, by no later than the third day, excluding Saturdays, Sundays and holidays, after receipt of t…

59-29b52. Petition for involuntary commitment of a voluntary patient. The head of a treatment facility or other person may file a petition pursuant to K.S.A. 59-29b57 and amendments thereto seeking involuntary commitment of a voluntary patient who now lacks capacity to make an in…

59-29b53. Investigation; emergency detention; authority and duty of law enforcement officers. (a) Any law enforcement officer who has a reasonable belief formed upon investigation that a person may be a person with an alcohol or substance abuse problem subject to involuntary comm…

59-29b54. Emergency observation and treatment; authority of treatment facility's procedure. (a) A treatment facility may admit and detain any person for emergency observation and treatment upon an ex parte emergency custody order issued by a district court pursuant to K.S.A. 59-2…

59-29b55. Notice of right to communicate upon admission; notice of admission; notice of rights. (a) Whenever any person is involuntarily admitted to or detained at a facility pursuant to subsection (b) or (c) of K.S.A. 59-29b54 and amendments thereto, or pursuant to an ex parte e…

59-29b56. Emergency observation; discharge. The head of the facility shall discharge any person admitted pursuant to subsection (a) of K.S.A. 59-29b54 and amendments thereto when the ex parte emergency custody order expires, and shall discharge any person admitted pursuant to sub…

59-29b57. Petition for determination of whether person has alcohol or substance abuse problem; request for ex parte emergency custody order; content. (a) A verified petition to determine whether or not a person is a person with an alcohol or substance abuse problem subject to inv…

59-29b58. Ex parte emergency custody order. (a) At the time the petition for the determination of whether a person is a person with an alcohol or substance abuse problem subject to involuntary commitment for care and treatment is filed, or any time thereafter prior to the trial u…

59-29b59. Temporary custody order; request for; procedure. (a) At the time that the petition for determination of whether a person is a person with an alcohol or substance abuse problem is filed, or any time thereafter prior to the trial upon the petition as provided for in K.S.A…

59-29b60. Preliminary orders; continuances and advancement of trial. (a) Upon the filing of the petition provided for in K.S.A. 59-29b57, and amendments thereto, the district court shall issue the following: (1) An order fixing the time and place of the trial upon the petition. S…