59-29a10. Petition for transitional release; procedure.
59-29a10
59-29a10. Petition for transitional release;procedure.(a) If the secretary determines that the person's mental abnormality orpersonalitydisorder has so changed that the person is not likely to engage in repeatacts of sexual violence if placed intransitional release, the secretary shall authorize the person to petition thecourt for transitional release. The petition shall be served upon the court andthe attorney general. The court, upon receipt of the petition for transitionalrelease, shall order a hearing within 30 days. The attorney general shallrepresent the state, and shall have the right to have the petitioner examinedby an expert or professional person of such attorney's choice. The hearingshall be before a jury if demanded by either the petitioner or the attorneygeneral. The burden of proof shall be upon the attorney general to show beyonda reasonable doubt that the petitioner's mental abnormality or personalitydisorder remains such that the petitioner is not safe to be at large and thatif placed in transitional release is likely toengage in repeat acts of sexual violence.
(b) If, after the hearing, the court is convinced beyond a reasonable doubtthat the person is not appropriate for transitional release, the court shallorder that the person remain in secure commitment. Otherwise, the court shallorder that the person be placed in transitional release.
(c) The provisions of subsections (e), (f)and (g) of K.S.A. 59-29a08 and amendments thereto shall apply to atransitional release pursuant to thissection. History: L. 1994, ch. 316, § 10;L. 1995, ch. 193, § 8;L. 1998, ch. 198, § 5;L. 2003, ch. 152, § 6; July 1.