reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 29 - Care And Treatment For Mentally Ill Persons › 59-2983 Applicability to persons in custody on criminal charges.

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 charge, except with the consent of either the prosecuting attorney or trial court.
History:
L. 1996, ch. 167, § 39; April 18.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 29 - Care And Treatment For Mentally Ill Persons › 59-2984 Severability.

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 to this end the provisions of this act are severable.
History:
L. 1996, ch. 167, § 40; April 18.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 29a - Commitment Of Sexually Violent Predators › 59-29a01 Kansas sexually violent predator act; civil commitment of sexually violent predators; legislative findings; time requirements directory.

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 or personality disorder and who are likely to engage in repeat acts of sexual violence if not treated for their mental abnormality or personality disorder. Because the existing civil commitment procedures under K.S.A. 59-2901 et seq., and amendments thereto, are inadequate to address the special needs of sexually violent predators and the risks they present to society, the legislature determines that a separate involuntary civil commitment process for the potentially long-term control, care and treatment of sexually violent predators is necessary. The legislature also determines that because of the nature of the mental abnormalities or personality disorders from which sexually violent predators suffer and the dangers they present, it is necessary to house involuntarily committed sexually violent predators in an environment separate from persons involuntarily committed under K.S.A. 59-2901 et seq., and amendments thereto.
(b) Notwithstanding any other evidence of legislative intent, it is hereby declared that any time requirements set forth in K.S.A. 59-29a01 et seq., and amendments thereto, either as originally enacted or as amended, are intended to be directory and not mandatory and serve as guidelines for conducting proceedings under K.S.A. 59-29a01 et seq., and amendments thereto.
(c) The provisions of K.S.A. 59-29a01 et seq. and amendments thereto, shall be known and may be cited as the Kansas sexually violent predator act.
History:
L. 1994, ch. 316, § 1; L. 1999, ch. 140, § 1; L. 2003, ch. 152, § 1; L. 2015, ch. 95, § 1; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 29a - Commitment Of Sexually Violent Predators › 59-29a04a Sexually violent predator expense fund.

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.A. 59-29a04, and amendments thereto, responsible for the costs related to determining whether a person may be a sexually violent predator; and
(2) K.S.A. 2023 Supp. 59-29a23, and amendments thereto, for the costs related to a person filing a civil action relating to the civil commitment pursuant to the Kansas sexually violent predator act.
(b) All expenditures from the sexually violent predator expense fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the attorney general or the attorney general's designee.
History:
L. 2007, ch. 170, § 2; L. 2011, ch. 92, § 2; L. 2015, ch. 95, § 4; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 29a - Commitment Of Sexually Violent Predators › 59-29a09 Detention and commitment to conform to constitutional requirements.

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.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 29a - Commitment Of Sexually Violent Predators › 59-29a12 Same; secretary for aging and disability services; responsible for costs; duties; reimbursement; costs paid by committed person.

59-29a12.
Same; secretary for aging and disability services; responsible for costs; duties; reimbursement; costs paid by committed person.
(a) For state budgetary purposes, the secretary shall be responsible for all cost relating to the evaluation and treatment of persons committed to the secretary's custody under any provision of this act. Payment for the maintenance, care and treatment of any such committed person shall be paid by the person, by the conservator of such person's estate or by any person bound by law to support such person. Reimbursement may be obtained by the secretary for the cost of care and treatment, including placement in transitional release, of persons committed to the secretary's custody pursuant to K.S.A. 59-2006, and amendments thereto.
(b) When a court orders a person committed to the secretary's custody under any provision of this act to appear at a court proceeding, the county where such court is located shall be responsible for the transportation, security and control of such person and all costs involved. The secretary shall not be required to provide an employee to travel with the committed person.
(c) Except as provided further, when a court proceeding is initiated by the committed person, such person shall be responsible for making all arrangements concerning the transportation, security and control of such person and all costs involved. The secretary shall review and approve all arrangements prior to the court proceeding. The secretary may deny the arrangements if such arrangements fail to meet security standards. The provisions of this subsection shall not apply to a hearing pursuant to K.S.A. 59-29a08, and amendments thereto.
(d) The secretary shall adopt rules and regulations to implement this section.
History:
L. 1994, ch. 316, § 12; L. 1998, ch. 198, § 7; L. 2007, ch. 170, § 6; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 29a - Commitment Of Sexually Violent Predators › 59-29a13 Same; notice to victims of release of persons committed under this act.

59-29a13.
Same; 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 to any victim of the person's activities or crime who is alive and whose address is known to the secretary. Failure to notify shall not be a reason for postponement of release. Nothing in this section shall create a cause of action against the state or an employee of the state acting within the scope of the employee's employment as a result of the failure to notify pursuant to this action.
History:
L. 1994, ch. 316, § 13; L. 1998, ch. 198, § 8; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 29a - Commitment Of Sexually Violent Predators › 59-29a14 Same; special allegation of sexual motivation; procedure; withdrawal or dismissal.

59-29a14. Same; 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 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal, or article 55 of chapter 21 of the Kansas Statutes Annotated, or K.S.A. 21-6419 through 21-6422, and amendments thereto, when sufficient admissible evidence exists, which, when considered with the most plausible, reasonably foreseeable defense that could be raised under the evidence, would justify a finding of sexual motivation by a reasonable and objective fact finder.
(b) In a criminal case wherein there has been a special allegation, the state shall prove beyond a reasonable doubt that the accused committed the crime with a sexual motivation. The court shall make a finding of fact of whether or not a sexual motivation was present at the time of the commission of the crime, or if a jury trial is had, the jury, if it finds the defendant guilty, also shall find a special verdict as to whether or not the defendant committed the crime with a sexual motivation. This finding shall not be applied to sex offenses as defined in article 35 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal, or article 55 of chapter 21 of the Kansas Statutes Annotated, or K.S.A. 21-6419 through 21-6422, and amendments thereto.
(c) The county or district attorney shall not withdraw the special allegation of sexual motivation without approval of the court through an order of dismissal of the special allegation. The court shall not dismiss this special allegation unless it finds that such an order is necessary to correct an error in the initial charging decision or unless there are evidentiary problems which make proving the special allegation doubtful.
History:
L. 1994, ch. 316, § 14; L. 2010, ch. 135, § 61; L. 2011, ch. 30, § 212; L. 2015, ch. 94, § 19; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 29a - Commitment Of Sexually Violent Predators › 59-29a15 Same; severability.

59-29a15.
Same; 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, to this end, the provisions of this act are severable.
History:
L. 1994, ch. 316, § 15; May 19.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 29a - Commitment Of Sexually Violent Predators › 59-29a16 Same; confidential or privileged information and records.

59-29a16.
Same; 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 notice requirement provided in K.S.A. 59-29a03 and amendments thereto and determining whether a person is or continues to be a sexually violent predator. The provisions of this section shall be part of and supplemental to the provisions of K.S.A. 59-29a01 through 59-29a15 and amendments thereto.
History:
L. 1995, ch. 193, § 9; May 4.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 29a - Commitment Of Sexually Violent Predators › 59-29a17 Same; court records; sealed and opened by court order.

59-29a17.
Same; 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 the court or admitted into evidence under this act shall be part of the record but shall be sealed and opened only on order of the court or as provided in K.S.A. 59-29a01 et seq. and amendments thereto. The provisions of this section shall be part of and supplemental to the provisions of K.S.A. 59-29a01 through 59-29a15 and amendments thereto.
History:
L. 1995, ch. 193, § 10; May 4.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 29a - Commitment Of Sexually Violent Predators › 59-29a20 Bail, bond, house arrest or other release; not eligible.

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 the physical protective custody of the state, notwithstanding the provisions of K.S.A. 59-29a10 and amendments thereto.
History:
L. 1999, ch. 140, § 8; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 29a - Commitment Of Sexually Violent Predators › 59-29a21 Severability.

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, to this end, the provisions of this act are severable.
History:
L. 2003, ch. 152, § 7; July 1.
* "This act", see table of sections at L. 2003, ch. 152 in Constitutions volume.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 29a - Commitment Of Sexually Violent Predators › 59-29a24 Civil actions; exhaustion of administrative remedies required.

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 amendments thereto, naming as the defendant the state of Kansas, any political subdivision of the state of Kansas, any public official, the secretary for aging and disability services or an employee of the Kansas department for aging and disability services, while such employee is engaged in the performance of such employee's duty, shall be required to have exhausted all administrative remedies concerning such civil action. Upon filing a petition in a civil action, such person shall file with such petition proof that all administrative remedies have been exhausted.
History:
L. 2012, ch. 90, § 1; L. 2015, ch. 95, § 13; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 29a - Commitment Of Sexually Violent Predators › 59-29a25 Permanent physiological change, petition for discharge; procedure.

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 or dementia, renders the committed person unable to commit a sexually violent offense and that this change is permanent, the person may petition the court for a hearing to be released.
(b) If the court finds after a hearing that the person has demonstrated by clear and convincing evidence that the person suffers from a permanent physiological change rendering the person unable to commit a sexually violent offense, the court shall discharge the person from the program and notify the secretary. At the hearing, the person shall have the right to counsel. The state shall have the right to have the person examined before the hearing. The burden of proof shall be on the person to prove the physiological change is permanent and renders the person unable to commit a sexually violent offense.
(c) If the court finds the person has not suffered a permanent physiological change or is not safe, the person shall remain in secure commitment.
(d) This section shall be a part of and supplemental to the Kansas sexually violent predator act.
History:
L. 2015, ch. 95, § 16; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 29a - Commitment Of Sexually Violent Predators › 59-29a26 Post-commitment hearings, evaluations and other expenses; responsibility for costs.

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 for in the Kansas sexually violent predator act shall be paid by the county responsible for the costs.
(b) The cost of any sexual predator treatment program administrative hearings involving K.S.A. 2023 Supp. 59-29a22, and amendments thereto, or other program decisions appealed to or received by the office of administrative hearings shall be paid by the county responsible for the costs.
(c) At the conclusion of any of the proceedings described in this section, the office of administrative hearings shall provide a statement to the county responsible for the costs. The county shall pay the office of administrative hearings within 60 days following the receipt of the bill or prior to the expiration of the fiscal year in which the costs were incurred, whichever occurs first.
(d) As used in this section, "county responsible for the costs" means the county where the person was determined to be a sexually violent predator pursuant to the Kansas sexually violent predator act.
(e) This section shall be a part of and supplemental to the Kansas sexually violent predator act.
History:
L. 2015, ch. 95, § 17; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 29a - Commitment Of Sexually Violent Predators › 59-29a27 Post-commitment crime; responsibility for costs of care and custody, costs of prosecution; reimbursement.

59-29a27. Post-commitment crime; 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 county law enforcement agency for a pending criminal proceeding, the costs incurred for the care and custody of such person by the county with custody of such person, including, but not limited to, reasonable costs of medical care and treatment, housing, food and transportation, shall be paid by such county.
(2) The secretary for aging and disability services shall reimburse such county from the Larned state hospital – SPTP new crimes reimbursement account of the state general fund for all costs that would have been paid from such account if such person had remained in the custody of the secretary for aging and disability services.
(b) (1) Whenever a person civilly committed pursuant to K.S.A. 59-29a07, and amendments thereto, commits a crime and is prosecuted for such crime, the costs incurred for such prosecution shall be paid by the county where such prosecution occurs.
(2) The secretary for aging and disability services shall reimburse such county from the Larned state hospital – SPTP new crimes reimbursement account of the state general fund for all reasonable costs incurred for such prosecution.
(c) If there are no moneys available in the Larned state hospital – SPTP new crimes reimbursement account of the state general fund to pay any reimbursements described in subsection (a) or (b), the county entitled to such reimbursement may file a claim against the state pursuant to article 9 of chapter 46 of the Kansas Statutes Annotated, and amendments thereto.
(d) The secretary for aging and disability services shall develop and implement a procedure to provide the reimbursements described in subsections (a) and (b) on or before January 1, 2016.
(e) All expenditures pursuant to this section from the Larned state hospital – SPTP new crimes reimbursement account of the state general fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary for aging and disability services or the secretary's designee.
History:
L. 2015, ch. 95, § 18; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 29b - Care And Treatment For Persons With An Alcohol Or Substance Abuse Problem › 59-29b45 Name and citation of act.

59-29b45.
Name and 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.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 29b - Care And Treatment For Persons With An Alcohol Or Substance Abuse Problem › 59-29b47 Computation of time.

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 the last day in a designated period of time shall be included unless that day falls on a Saturday, Sunday or legal holiday, in which case the next day which is not a Saturday, Sunday or legal holiday shall be considered to be the last day.
(b) Unless the court orders otherwise, if the clerk's office is inaccessible on the last day for filing, then the time for filing is extended to the first accessible day that is not a Saturday, Sunday or legal holiday.
(c) "Legal holiday" means any day declared a holiday by the president of the United States, the congress of the United States or the legislature of this state or any day observed as a holiday by order of the Kansas supreme court. A half holiday is considered as other days and not as a holiday.
History:
L. 1998, ch. 134, § 3; L. 2010, ch. 135, § 62; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 29b - Care And Treatment For Persons With An Alcohol Or Substance Abuse Problem › 59-29b48 Civil rights of persons subject to the provisions of this act.

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 construed to mean that such person shall have lost any civil right they otherwise would have as a resident or citizen, any property right or their legal capacity, except as may be specified within any court order or as otherwise limited by the provisions of this act or the reasonable rules and regulations which the head of a treatment facility may for good cause find necessary to make for the orderly operations of that facility. No person held in custody under the provisions of this act shall be denied the right to apply for a writ of habeas corpus.
(b) There shall be no implication or presumption that a patient within the terms of this act is for that reason alone a person in need of a guardian or a conservator, or both, as provided in K.S.A. 59-3050 through 59-3095, and amendments thereto.
(c) A person who is a mentally ill person subject to involuntary commitment for care and treatment as defined in K.S.A. 59-2946, and amendments thereto, or a person with an alcohol or substance abuse problem subject to involuntary commitment for care and treatment as defined in K.S.A. 59-29b46, and amendments thereto, shall be subject to K.S.A. 21-6301, and amendments thereto.
History:
L. 1998, ch. 134, § 4; L. 2002, ch. 114, § 68; L. 2006, ch. 210, § 19; L. 2011, ch. 30, § 213; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 29b - Care And Treatment For Persons With An Alcohol Or Substance Abuse Problem › 59-29b50 Discharge of a voluntary patient.

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 treatment facility shall give written notice of the date and time of the discharge to the patient and if appropriate, to the patient's parent, legal guardian or other person known to the head of the treatment facility to be interested in the care and welfare of a minor patient.
History:
L. 1998, ch. 134, § 6; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 29b - Care And Treatment For Persons With An Alcohol Or Substance Abuse Problem › 59-29b51 Right to discharge of voluntary patient; procedure.

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 the patient's written request for discharge.
(b) (1) If the voluntary patient is an adult admitted upon the application of a legal guardian or pursuant to an order of the court issued pursuant to K.S.A. 59-3077, and amendments thereto, any request for discharge must be made, in writing, by the legal guardian.
(2) If the voluntary patient is a minor, the written request for discharge shall be made by the child's parent or legal guardian except if the minor was admitted upon their own written application to become a voluntary patient made pursuant to K.S.A. 59-29b49 and amendments thereto, then the minor may make the request. In the case of a minor 14 or more years of age who had made written application to become a voluntary patient on their own behalf and who has requested to be discharged, the head of the treatment facility shall promptly inform the child's parent, legal guardian or other person known to the head of the treatment facility to be interested in the care and welfare of the minor of the minor's request for discharge.
History:
L. 1998, ch. 134, § 7; L. 2002, ch. 114, § 70; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 29b - Care And Treatment For Persons With An Alcohol Or Substance Abuse Problem › 59-29b52 Petition for involuntary commitment of a voluntary patient.

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 informed decision concerning treatment and who is refusing reasonable treatment efforts or has requested discharge from the treatment facility.
History:
L. 1998, ch. 134, § 8; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 29b - Care And Treatment For Persons With An Alcohol Or Substance Abuse Problem › 59-29b55 Notice of right to communicate upon admission; notice of admission; notice of rights.

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 emergency custody order issued pursuant to K.S.A. 59-29b58 and amendments thereto, the head of the facility shall:
(1) Immediately advise the person in custody that such person is entitled to immediately contact the person's legal counsel, legal guardian, personal physician or psychologist, minister of religion, including a Christian Science practitioner or immediate family as defined in subsection (b) or any combination thereof. If the person desires to make such contact, the head of the facility shall make available to the person reasonable means for making such immediate communication;
(2) provide notice of the person's involuntary admission including a copy of the document authorizing the involuntary admission to that person's attorney or legal guardian, immediately upon learning of the existence and whereabouts of such attorney or legal guardian, unless that attorney or legal guardian was the person who signed the application resulting in the patient's admission. If authorized by the patient pursuant to K.S.A. 65-5601 through 65-5605 and amendments thereto, the head of the facility also shall provide notice to the patient's immediate family, as defined in subsection (b), immediately upon learning of the existence and whereabouts of such family, unless the family member to be notified was the person who signed the application resulting in the patient's admission; and
(3) immediately advise the person in custody of such person's rights provided for in K.S.A. 59-29b78 and amendments thereto.
(b) "Immediate family" means the spouse, adult child or children, parent or parents and sibling or siblings, or any combination thereof.
History:
L. 1998, ch. 134, § 11; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 29b - Care And Treatment For Persons With An Alcohol Or Substance Abuse Problem › 59-29b56 Emergency observation; discharge.

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 subsection (b) or (c) of K.S.A. 59-29b54 and amendments thereto not later than the close of business of the first day that the district court is open for the transaction of business after the admission date of the person, unless a district court orders that such person remain in custody under an ex parte emergency custody order issued pursuant to the provisions of K.S.A. 59-29b58 and amendments thereto, or a temporary custody order issued pursuant to the provisions of K.S.A. 59-29b59 and amendments thereto.
History:
L. 1998, ch. 134, § 12; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 29b - Care And Treatment For Persons With An Alcohol Or Substance Abuse Problem › 59-29b58 Ex parte emergency custody order.

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 upon the petition as provided for in K.S.A. 59-29b65 and amendments thereto, the petitioner may request in writing that the district court issue an ex parte emergency order including either or both of the following: (1) An order directing any law enforcement officer to take the person named in the order into custody and transport the person to a designated treatment facility or other suitable place willing to receive and detain the person; or (2) an order authorizing any named treatment facility or other place to detain or continue to detain the person until the further order of the court or until the ex parte emergency custody order shall expire.
(b) No ex parte emergency custody order shall provide for the detention of any person in a nonmedical facility used for the detention of persons charged with or convicted of a crime unless no other suitable facility at which such person may be detained is willing to accept the person.
(c) An ex parte emergency custody order issued under this section shall expire at 5:00 p.m. of the second day the district court is open for the transaction of business after the date of its issuance, which expiration date shall be stated in the order.
(d) The district court shall not issue successive ex parte emergency custody orders.
(e) In lieu of issuing an ex parte emergency custody order, the court may allow the person with respect to whom the request was made to remain at liberty, subject to such conditions as the court may impose.
History:
L. 1998, ch. 134, § 14; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 29b - Care And Treatment For Persons With An Alcohol Or Substance Abuse Problem › 59-29b61 Order for evaluation; procedure.

59-29b61. Order for evaluation; procedure.
(a) The order for an evaluation required by K.S.A. 59-29b60(a)(5), and amendments thereto, shall be served in the manner provided for in K.S.A. 59-29b63(c) and (d), and amendments thereto. It shall order the proposed patient to submit to an evaluation to be conducted by a physician, psychologist or licensed addiction counselor and to undergo such other medical examinations or evaluations as may be designated by the court in the order, except that any proposed patient who is not subject to a temporary custody order issued pursuant to K.S.A. 59-29b59, and amendments thereto, and who requests a hearing pursuant to K.S.A. 59-29b62, and amendments thereto, need not submit to such evaluations or examinations until that hearing has been held and the court finds that there is probable cause to believe that the proposed patient is a person with an alcohol or substance abuse problem subject to involuntary commitment for care and treatment under this act. The evaluation may be conducted at a treatment facility, the home of the proposed patient or any other suitable place that the court determines is not likely to have a harmful effect on the welfare of the proposed patient.
(b) At the time designated by the court in the order, but in no event later than three days prior to the date of the trial provided for in K.S.A. 59-29b65, and amendments thereto, the examiner shall submit to the court a report, in writing, of the evaluation which report also shall be made available to counsel for the parties at least three days prior to the trial. The report also shall be made available to the proposed patient and to whomever the patient directs, unless for good cause recited in the order, the court orders otherwise. Such report shall state that the examiner has made an examination of the proposed patient and shall state the opinion of the examiner on the issue of whether or not the proposed patient is a person with an alcohol or substance abuse problem subject to involuntary commitment for care and treatment under this act and the examiner's opinion as to the least restrictive treatment alternative which will protect the proposed patient and others and allow for the improvement of the proposed patient if treatment is ordered.
History:
L. 1998, ch. 134, § 17; L. 2016, ch. 92, § 83; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 29b - Care And Treatment For Persons With An Alcohol Or Substance Abuse Problem › 59-29b62 Evaluation; hearing in noncustodial circumstances.

59-29b62.
Evaluation; hearing in noncustodial circumstances.
Whenever a proposed patient who is not subject to a temporary custody order issued pursuant to K.S.A. 59-29b59 and amendments thereto requests a hearing pursuant to this section, a hearing shall be held within a reasonable time thereafter. The petitioner and the proposed patient shall be notified of the time and place of the hearing, afforded an opportunity to testify, and to present and cross-examine witnesses. The proposed patient shall be present at the hearing and the proposed patient's presence cannot be waived. All persons not necessary for the conduct of the proceedings may be excluded. The hearing shall be conducted in as informal a manner as may be consistent with orderly procedure and in a physical setting not likely to have a harmful effect on the welfare of the proposed patient. The court shall receive all relevant and material evidence which may be offered. If the petitioner is not represented by counsel, the county or district attorney shall represent the petitioner, prepare all necessary papers, appear at the hearing and present such evidence as the county or district attorney determines to be of aid to the court in determining whether or not there is probable cause to believe that the proposed patient is a person with an alcohol or substance abuse problem subject to involuntary commitment for care and treatment under this act. If the court determines from the evidence that there is probable cause to believe that the proposed patient is a person with an alcohol or substance abuse problem subject to involuntary commitment, the court shall issue the order for an evaluation; otherwise, the court shall terminate the proceedings.
History:
L. 1998, ch. 134, § 18; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 29b - Care And Treatment For Persons With An Alcohol Or Substance Abuse Problem › 59-29b63 Notice; contents.

59-29b63. Notice; contents.
(a) Notice as required by subsection (a)(6) of K.S.A. 59-29b60, and amendments thereto, shall be given to the proposed patient named in the petition, the proposed patient's legal guardian if there is one, the attorney appointed to represent the proposed patient, the proposed patient's spouse or nearest relative and to such other persons as the court directs.
(b) The notice shall state:
(1) That a petition has been filed, alleging that the proposed patient is a person with an alcohol or substance abuse problem subject to involuntary commitment for care and treatment under this act and requesting that the court order treatment;
(2) the date, time and place of the trial;
(3) the name of the attorney appointed to represent the proposed patient and the time and place where the proposed patient shall have the opportunity to consult with this attorney;
(4) that the proposed patient has a right to a jury trial if a written demand for such is filed with the court at least four days prior to the time set for trial; and
(5) that if the proposed patient demands a jury trial, the trial date may have to be continued by the court for a reasonable time in order to empanel a jury, but that this continuance shall not exceed 30 days from the date of the filing of the demand.
(c) The court may order any of the following persons to serve the notice upon the proposed patient:
(1) The physician or psychologist currently administering to the proposed patient, if the physician or psychologist consents to doing so;
(2) the head of the treatment facility where the proposed patient is being detained or the designee thereof;
(3) the local health officer or such officer's designee;
(4) the secretary for aging and disability services or the secretary's designee if the proposed patient is being treated at a state psychiatric hospital pursuant to any provision of K.S.A. 59-2945 et seq., and amendments thereto;
(5) any law enforcement officer; or
(6) the attorney of the proposed patient.
(d) The notice shall be served personally on the proposed patient as soon as possible, but not less than six days prior to the date of the trial, and immediate return thereof shall be made to the court by the person serving notice. Unless otherwise ordered by the court, notice shall be served on the proposed patient by a nonuniformed person.
(e) Notice to all other persons may be made by mail or in such other manner as directed by the court.
History:
L. 1998, ch. 134, § 19; L. 2014, ch. 115, § 221; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 29b - Care And Treatment For Persons With An Alcohol Or Substance Abuse Problem › 59-29b66 Order for treatment; dismissal.

59-29b66. Order for treatment; dismissal.
(a) Upon the completion of the trial, if the court or jury finds by clear and convincing evidence that the proposed patient is a person with an alcohol or substance abuse problem subject to involuntary commitment for care and treatment under this act, the court shall order treatment for such person for a specified period of time not to exceed three months from the date of the trial at a treatment facility. Whenever an involuntary patient is ordered to receive treatment, the clerk of the district court shall send a copy of the order to the Kansas bureau of investigation within five days after receipt of the order. The Kansas bureau of investigation shall immediately enter the order into the national criminal information center and other appropriate databases. An order for treatment in a treatment facility shall be conditioned upon the consent of the head of that treatment facility to accepting the patient. In the event no appropriate treatment facility has agreed to provide treatment for the patient, then the secretary for aging and disability services shall be given responsibility for providing or securing treatment for the patient.
(b) A copy of the order for treatment shall be provided to the head of the treatment facility.
(c) When the court orders treatment, it shall retain jurisdiction to modify, change or terminate such order, unless venue has been changed pursuant to K.S.A. 59-29b71, and amendments thereto, and then the receiving court shall have continuing jurisdiction.
(d) If the court finds from the evidence that the proposed patient has not been shown to be a person with an alcohol or substance abuse problem subject to involuntary commitment for care and treatment under this act, the court shall release the person and terminate the proceedings.
History:
L. 1998, ch. 134, § 22; L. 2006, ch. 210, § 20; L. 2014, ch. 115, § 222; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 29b - Care And Treatment For Persons With An Alcohol Or Substance Abuse Problem › 59-29b70 Transportation.

59-29b70.
Transportation.
The court may issue orders providing for the transportation of patients as necessary to effectuate the provisions of this act. All orders of ex parte emergency custody, temporary custody, referral or treatment may authorize a relative or other suitable person to transport the individual named in the order to the place of detention or treatment specified in the order. All orders for transportation shall be served by the person transporting the individual named in the order upon the person in charge of the place of detention or treatment or such person's designee and due return of execution thereof shall be made to the court. A female being transported shall be accompanied by a female attendant, unless she is accompanied by an adult relative. An individual shall not be transported in a marked police car or sheriff's car if other means of transportation are available. The least amount of restraint necessary shall be used in transporting the patient.
History:
L. 1998, ch. 134, § 25; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 29b - Care And Treatment For Persons With An Alcohol Or Substance Abuse Problem › 59-29b73 Discharge.

59-29b73.
Discharge.
(a) When any proposed patient or involuntary patient has been admitted to any treatment facility pursuant to K.S.A. 59-29b54, 59-29b58, 59-29b59, 59-29b64, 59-29b66 or 59-29b67 and amendments thereto, the head of the treatment facility shall discharge and release the patient when the patient is no longer in need of treatment.
(b) Nothing in this section shall be construed to amend or modify or repeal any law relating to the confinement of persons charged with or convicted of a criminal offense.
History:
L. 1998, ch. 134, § 27; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 29b - Care And Treatment For Persons With An Alcohol Or Substance Abuse Problem › 59-29b74 Notice of discharge; restoration of certain rights.

59-29b74.
Notice of discharge; restoration of certain rights.
The head of the treatment facility shall notify, in writing, the patient, the patient's attorney, the petitioner or the petitioner's attorney, the county or district attorney as appropriate, and the district court which has jurisdiction over the patient of the patient's discharge pursuant to K.S.A. 59-29b73, and amendments thereto. When a notice of discharge is received, the court shall file the same which shall terminate the proceedings, unless there has been issued a superseding inpatient or outpatient treatment order not being discharged by the notice. Whenever a person who is involuntarily committed to a state psychiatric hospital is released by order of the court of termination of the case, the court shall review the case upon request of the patient, and may order the issuance of the certificate of restoration pursuant to K.S.A. 75-7c26, and amendments thereto. If the court issues such release or termination and certificate, the court shall order the clerk of the district court to report the release or termination of the case and the certificate of restoration to the Kansas bureau of investigation within five days after the order.
History:
L. 1998, ch. 134, § 28; L. 2006, ch. 210, § 21; July 1, 2007.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 29b - Care And Treatment For Persons With An Alcohol Or Substance Abuse Problem › 59-29b75 Unauthorized absence; procedure.

59-29b75.
Unauthorized absence; procedure.
If any involuntary patient leaves the place of the patient's detention or treatment without the authority of the head of the treatment facility, the head of the treatment facility shall notify the sheriff of the county in which the treatment facility is located of the involuntary patient's unauthorized absence and request that the patient be taken into custody and returned to the treatment facility. If oral notification is given, it shall be confirmed in writing as soon thereafter as reasonably possible.
History:
L. 1998, ch. 134, § 29; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 29b - Care And Treatment For Persons With An Alcohol Or Substance Abuse Problem › 59-29b77 Restraints; seclusion.

59-29b77.
Restraints; seclusion.
(a) Restraints or seclusion shall not be applied to a patient unless it is determined by the head of the treatment facility or a physician or psychologist to be necessary to prevent immediate substantial bodily injury to the patient or others and that other alternative methods to prevent such injury are not sufficient to accomplish this purpose. Restraint or seclusion shall never be used as a punishment or for the convenience of staff. The extent of the restraint or seclusion applied to the patient shall be the least restrictive measure necessary to prevent such injury to the patient or others, and the use of restraint or seclusion in a treatment facility shall not exceed 3 hours without medical reevaluation, except that such medical reevaluation shall not be required, unless necessary, between the hours of 12:00 midnight and 8:00 a.m. When restraints or seclusion are applied, there shall be monitoring of the patient's condition at a frequency determined by the treating physician or psychologist, which shall be no less than once per each 15 minutes. The head of the treatment facility or a physician or psychologist shall sign a statement explaining the treatment necessity for the use of any restraint or seclusion and shall make such statement a part of the permanent treatment record of the patient.
(b) The provisions of subsection (a) shall not prevent, for a period not exceeding 2 hours without review and approval thereof by the head of the treatment facility or a physician or psychologist:
(1) The use of such restraints as necessary for a patient who is likely to cause physical injury to self or others without the use of such restraints;
(2) the use of restraints when needed primarily for examination or treatment or to insure the healing process; or
(3) the use of seclusion as part of a treatment methodology that calls for time out when the patient is refusing to participate in a treatment or has become disruptive of a treatment process.
(c) "Restraints" means the application of any devices, other than human force alone, to any part of the body of the patient for the purpose of preventing the patient from causing injury to self or others.
(d) "Seclusion" means the placement of a patient, alone, in a room, where the patient's freedom to leave is restricted and where the patient is not under continuous observation.
History:
L. 1998, ch. 134, § 31; July 1.