Ch. 152             1997 Session Laws of Kansas             923

An Act concerning the care and treatment act for mentally ill persons; amending K.S.A.
1996 Supp. 59-2946, 59-2957, 59-2958, 59-2966, 59-2967, 59-2969, 59-2971 and 59-
2972 and repealing the existing sections; also repealing section 1 of chapter 172 of the
1996 Session Laws of Kansas, section 2 of chapter 172 of the 1996 Session Laws of
Kansas, section 3 of chapter 172 of the 1996 Session Laws of Kansas, section 4 of chapter
172 of the 1996 Session Laws of Kansas, section 5 of chapter 172 of the 1996 Session
Laws of Kansas, section 6 of chapter 172 of the 1996 Session Laws of Kansas and section
7 of chapter 172 of the 1996 Session Laws of Kansas.

Be it enacted by the Legislature of the State of Kansas:

New Section 1. The attorney general shall have concurrent authority
with any county or district attorney to file a petition pursuant to K.S.A.
1996 Supp. 59-2957, and amendments thereto and to prepare all neces-
sary papers, to appear at any hearing and to present such evidence as the
attorney general determines to be of aid to the court in determining the
issues before the court in any case wherein it is alleged that a person is
or continues to be a mentally ill person subject to involuntary commit-
ment for care and treatment, as defined in subsection (f)(1)(B) of K.S.A.
1996 Supp. 59-2946, and amendments thereto. The provisions of this
section shall be part of and supplemental to the care and treatment act
for mentally ill persons. The provisions of this section shall be effective
on the date of the issuance by the United States supreme court of an
opinion in the case of State of Kansas vs. LeRoy Hendricks, case no.
95-1649, which holds the sexually violent predator act, K.S.A. 59-29a01
et seq., unconstitutional and shall expire on June 30, 1998.

New Sec. 2. In each proceeding in which it is alleged that a person
is or continues to be a mentally ill person subject to involuntary commit-
ment for care and treatment, as defined in subsection (f)(1)(B) of K.S.A.
1996 Supp. 59-2946, and amendments thereto, the court shall allow and
order paid a reasonable fee and expenses for an attorney appointed by
the court to represent the person against whom the petition was filed,
which fee and expenses shall be taxed to the estate of the patient, to those
bound by law to support such patient or to the state of Kansas, except if
a proposed patient is found not to be a mentally ill person subject to
involuntary commitment under this act, the costs shall not be assessed
against such patient's estate. Any fee or expenses taxes to the state of
Kansas shall be considered a special claim against the state and considered
in like manner by the legislature at its next session. The provisions of this
section shall be part of and supplemental to the care and treatment act
for mentally ill persons. The provisions of this section shall be effective
on the date of the issuance by the United States supreme court of an
opinion in the case of State of Kansas vs. LeRoy Hendricks, case no.
95-1649, which holds the sexually violent predator act, K.S.A. 59-29a01
et seq., unconstitutional and shall expire on June 30, 1998.

924             1997 Session Laws of Kansas             Ch. 152

New Sec. 3. Upon the provisions of subsections (e)(2), (f)(1)(B) and
(p) of K.S.A. 59-2946 and 59-2972 and sections 1 and 2 of this act taking
effect, the attorney general shall give notice of such fact by publishing
such notice in the Kansas register, but such notice requirement shall not
be necessary for this act to take effect and be in force.

Sec. 4. K.S.A. 1996 Supp. 59-2946 is hereby amended to read as
follows: 59-2946. When used in the care and treatment act for mentally
ill persons:

(a) ``Discharge'' means the final and complete release from treat-
ment, by either the head of a treatment facility acting pursuant to K.S.A.
1996 Supp. 59-2950 and amendments thereto or by an order of a court
issued pursuant to K.S.A. 1996 Supp. 59-2973 and amendments thereto.

(b) ``Head of a treatment facility'' means the administrative director
of a treatment facility or such person's designee.

(c) ``Law enforcement officer'' shall have the meaning ascribed to it
in K.S.A. 22-2202, and amendments thereto.

(d) (1) ``Mental health center'' means any community mental health
center organized pursuant to the provisions of K.S.A. 19-4001 through
19-4015 and amendments thereto, or mental health clinic organized pur-
suant to the provisions of K.S.A. 65-211 through 65-215 and amendments
thereto, or a mental health clinic organized as a not-for-profit or a for-
profit corporation pursuant to K.S.A. 17-1701 through 17-1775 and
amendments thereto or K.S.A. 17-6001 through 17-6010 and amend-
ments thereto, and licensed in accordance with the provisions of K.S.A.
75-3307b and amendments thereto.

(2) ``Participating mental health center'' means a mental health center
which has entered into a contract with the secretary of social and reha-
bilitation services pursuant to the provisions of K.S.A. 39-1601 through
39-1612 and amendments thereto.

(e) ``Mentally ill person'' means any person who is suffering from a:

(1) Mental disorder which is manifested by a clinically significant be-
havioral or psychological syndrome or pattern and associated with either
a painful symptom or an impairment in one or more important areas of
functioning, and involving substantial behavioral, psychological or biolog-
ical dysfunction, to the extent that the person is in need of treatment; or

(2) mental condition, whether congenital or acquired, which affects
the person's emotional or volitional capacity predisposing that person to
commit sexually violent offenses. The provisions of this subsection (e)(2)
shall be effective on the date of the issuance by the United States supreme
court of an opinion in the case of State of Kansas vs. LeRoy Hendricks,
case no. 95-1649, which holds the sexually violent predator act, K.S.A.
59-29a01 et seq., unconstitutional and shall expire on June 30, 1998.

(f) (1) ``Mentally ill person subject to involuntary commitment for
care and treatment'' means:

Ch. 152             1997 Session Laws of Kansas             925

(A) A mentally ill person, as defined in subsection (e)(1), who also
lacks capacity to make an informed decision concerning treatment, is
likely to cause harm to self or others, and whose diagnosis is not solely
one of the following mental disorders: Alcohol or chemical substance
abuse; antisocial personality disorder; mental retardation; organic person-
ality syndrome; or an organic mental disorder; or

(B) a mentally ill person, as defined in subsection (e)(2) who also has
committed an act that would constitute a sexually violent offense and
presents a continuing threat of harm to self or others. The provisions of
this subsection (f)(1)(B) shall be effective on the date of the issuance by
the United States supreme court of an opinion in the case of State of
Kansas vs. LeRoy Hendricks, case no. 95-1649, which holds the sexually
violent predator act, K.S.A. 59-29a01 et seq., unconstitutional and shall
expire on June 30, 1998.

(2) ``Lacks capacity to make an informed decision concerning treat-
ment'' means that the person, by reason of the person's mental disorder,
is unable, despite conscientious efforts at explanation, to understand ba-
sically the nature and effects of hospitalization or treatment or is unable
to engage in a rational decision-making process regarding hospitalization
or treatment, as evidenced by an inability to weigh the possible risks and
benefits.

(3) ``Likely to cause harm to self or others'' means that the person,
by reason of the person's mental disorder: (a) Is likely, in the reasonably
foreseeable future, to cause substantial physical injury or physical abuse
to self or others or substantial damage to another's property, as evidenced
by behavior threatening, attempting or causing such injury, abuse or dam-
age; except that if the harm threatened, attempted or caused is only harm
to the property of another, the harm must be of such a value and extent
that the state's interest in protecting the property from such harm out-
weighs the person's interest in personal liberty; or (b) is substantially
unable, except for reason of indigency, to provide for any of the person's
basic needs, such as food, clothing, shelter, health or safety, causing a
substantial deterioration of the person's ability to function on the person's
own.

No person who is being treated by prayer in the practice of the religion
of any church which teaches reliance on spiritual means alone through
prayer for healing shall be determined to be a mentally ill person subject
to involuntary commitment for care and treatment under this act unless
substantial evidence is produced upon which the district court finds that
the proposed patient is likely in the reasonably foreseeable future to cause
substantial physical injury or physical abuse to self or others or substantial
damage to another's property, as evidenced by behavior threatening, at-
tempting or causing such injury, abuse or damage; except that if the harm
threatened, attempted or caused is only harm to the property of another,
the harm must be of such a value and extent that the state's interest in

926             1997 Session Laws of Kansas             Ch. 152

protecting the property from such harm outweighs the person's interest
in personal liberty.

(g) ``Patient'' means a person who is a voluntary patient, a proposed
patient or an involuntary patient.

(1) ``Voluntary patient'' means a person who is receiving treatment at
a treatment facility pursuant to K.S.A. 1996 Supp. 59-2949 and amend-
ments thereto.

(2) ``Proposed patient'' means a person for whom a petition pursuant
to K.S.A. 1996 Supp. 59-2952 or K.S.A. 1996 Supp. 59-2957 and amend-
ments thereto has been filed.

(3) ``Involuntary patient'' means a person who is receiving treatment
under order of a court or a person admitted and detained by a treatment
facility pursuant to an application filed pursuant to subsection (b) or (c)
of K.S.A. 1996 Supp. 59-2954 and amendments thereto.

(h) ``Physician'' means a person licensed to practice medicine and
surgery as provided for in the Kansas healing arts act or a person who is
employed by a state psychiatric hospital or by an agency of the United
States and who is authorized by law to practice medicine and surgery
within that hospital or agency.

(i) ``Psychologist'' means a licensed psychologist, as defined by K.S.A.
74-5302 and amendments thereto.

(j) ``Qualified mental health professional'' means a physician or psy-
chologist who is employed by a participating mental health center or who
is providing services as a physician or psychologist under a contract with
a participating mental health center, or a registered masters level psy-
chologist or a licensed specialist social worker or a licensed master social
worker or a registered nurse who has a specialty in psychiatric nursing,
who is employed by a participating mental health center and who is acting
under the direction of a physician or psychologist who is employed by, or
under contract with, a participating mental health center.

(1) ``Direction'' means monitoring and oversight including regular,
periodic evaluation of services.

(2) ``Licensed master social worker'' means a person licensed as a
master social worker by the behavioral sciences regulatory board under
K.S.A. 65-6301 through 65-6318 and amendments thereto.

(3) ``Licensed specialist social worker'' means a person licensed in a
social work practice specialty by the behavioral sciences regulatory board
under K.S.A. 65-6301 through 65-6318 and amendments thereto.

(4) ``Registered masters level psychologist'' means a person registered
as a registered masters level psychologist by the behavioral sciences reg-
ulatory board under K.S.A. 74-5361 through 74-5373 and amendments
thereto.

(5) ``Registered nurse'' means a person licensed as a registered profes-
sional nurse by the board of nursing under K.S.A. 65-1113 through 65-
1164 and amendments thereto.

Ch. 152             1997 Session Laws of Kansas             927

(k) ``Secretary'' means the secretary of social and rehabilitation serv-
ices.

(l) ``State psychiatric hospital'' means Larned state hospital, Osawa-
tomie state hospital, Rainbow mental health facility or Topeka state hos-
pital.

(m) ``Treatment'' means any service intended to promote the mental
health of the patient and rendered by a qualified professional, licensed
or certified by the state to provide such service as an independent prac-
titioner or under the supervision of such practitioner.

(n) ``Treatment facility'' means any mental health center or clinic,
psychiatric unit of a medical care facility, state psychiatric hospital, psy-
chologist, physician or other institution or person authorized or licensed
by law to provide either inpatient or outpatient treatment to any patient.

(o) The terms defined in K.S.A. 59-3002 and amendments thereto
shall have the meanings provided by that section.

(p) ``Sexually violent offense'' means:

(1) Rape, K.S.A. 21-3502 and amendments thereto;

(2) indecent liberties with a child, K.S.A. 21-3503 and amendments
thereto;

(3) aggravated indecent liberties with a child, K.S.A. 21-3504 and
amendments thereto;

(4) criminal sodomy, subsection (a)(2) and (a)(3) of K.S.A. 21-3505
and amendments thereto;

(5) aggravated criminal sodomy, K.S.A. 21-3506 and amendments
thereto;

(6) indecent solicitation of a child, K.S.A. 21-3510 and amendments
thereto;

(7) aggravated indecent solicitation of a child, K.S.A. 21-3511 and
amendments thereto;

(8) sexual exploitation of a child, K.S.A. 21-3516 and amendments
thereto;

(9) aggravated sexual battery, K.S.A. 3518 and amendments thereto;

(10) any conviction for a felony offense in effect at any time prior to
the effective date of this act, that is comparable to a sexually violent offense
as defined in subparagraphs (1) through (9), or any federal or other state
conviction for a felony offense that under the laws of this state would be
a sexually violent offense as defined in this section.

(11) an attempt, conspiracy or criminal solicitation, as defined in
K.S.A. 21-3301, 21-3302, 21-3303 and amendments thereto, of a sexually
violent offense as defined in this section; or

(12) any act which at the time of sentencing for the offense has been
determined beyond a reasonable doubt to have been sexually motivated.
As used in this subparagraph, ``sexually motivated'' means that one of the
purposes for which the defendant committed the crime was for the pur-
pose of the defendant's sexual gratification.

928             1997 Session Laws of Kansas             Ch. 152

The provisions of this subsection (p) shall be effective on the date of the
issuance by the United States supreme court of an opinion in the case of
State of Kansas vs. LeRoy Hendricks, case no. 95-1649, which holds the
sexually violent predator act, K.S.A. 59-29a01 et seq., unconstitutional
and shall expire on June 30, 1998.

Sec. 5. K.S.A. 1996 Supp. 59-2957 is hereby amended to read as
follows: 59-2957. (a) A verified petition to determine whether or not a
person is a mentally ill person subject to involuntary commitment for care
and treatment under this act may be filed in the district court of the
county wherein that person resides or wherein such person may be found.

(b) The petition shall state:

(1) The petitioner's belief that the named person is a mentally ill
person subject to involuntary commitment and the facts upon which this
belief is based;

(2) to the extent known, the name, age, present whereabouts and
permanent address of the person named as possibly a mentally ill person
subject to involuntary commitment; and if not known, any information
the petitioner might have about this person and where the person resides;

(3) to the extent known, the name and address of the person's spouse
or nearest relative or relatives, or legal guardian, or if not known, any
information the petitioner might have about a spouse, relative or relatives
or legal guardian and where they might be found;

(4) to the extent known, the name and address of the person's legal
counsel, or if not known, any information the petitioner might have about
this person's legal counsel;

(5) to the extent known, whether or not this person is able to pay for
medical services, or if not known, any information the petitioner might
have about the person's financial circumstances or indigency;

(6) to the extent known, the name and address of any person who
has custody of the person, and any known pending criminal charge or
charges or of any arrest warrant or warrants outstanding or, if there are
none, that fact or if not known, any information the petitioner might have
about any current criminal justice system involvement with the person;
and

(7) the name or names and address or addresses of any witness or
witnesses the petitioner believes has knowledge of facts relevant to the
issue being brought before the court.

(c) The petition shall be accompanied by:

(1) A signed certificate from a physician, licensed psychologist, or
qualified mental health professional designated by the head of the treat-
ment facility a participating mental health center, stating that such pro-
fessional has personally examined the person and any available records
and has found that the person, in such professional's opinion, is likely to
be a mentally ill person subject to involuntary commitment for care and

Ch. 152             1997 Session Laws of Kansas             929

treatment under this act, unless the court allows the petition to be ac-
companied by a verified statement by the petitioner that the petitioner
had attempted to have the person seen by a physician, licensed psychol-
ogist or such qualified mental health professional, but that the person
failed to cooperate to such an extent that the examination was impossible
to conduct;

(2) if applicable because immediate admission to a state psychiatric
hospital is sought, the necessary statement from a qualified mental health
professional authorizing such admission; and

(3) if applicable, a copy of any notice given pursuant to K.S.A. 1996
Supp. 59-2951 and amendments thereto in which the named person has
sought discharge from a treatment facility into which they had previously
entered voluntarily, or a statement from the treating physician or licensed
psychologist that the person is a voluntary patient but is refusing reason-
able treatment efforts, and including a description of the treatment efforts
being refused.

(b)(d) The petition may include a request that an ex parte emergency
custody order be issued pursuant to K.S.A. 1996 Supp. 59-2958 and
amendments thereto. If such request is made the petition shall also in-
clude:

(1) A brief statement explaining why the person should be immedi-
ately detained or continue to be detained;

(2) the place where the petitioner requests that the person be de-
tained or continue to be detained;

(3) if applicable, because detention is requested in a treatment facility
other than a state psychiatric hospital, a statement that the facility is will-
ing to accept and detain such person; and

(4) if applicable, because admission to a state psychiatric hospital is
sought, the necessary statement from a qualified mental health profes-
sional authorizing admission and emergency care and treatment.

(c)(e) The petition may include a request that a temporary custody
order be issued pursuant to K.S.A. 1996 Supp. 59-2959 and amendments
thereto.

Sec. 6. K.S.A. 1996 Supp. 59-2958 is hereby amended to read as
follows: 59-2958. (a) At the time that the petition for the determination
of mental illness of a person 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. 1996 Supp. 59-2965 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; (2) an order authorizing any named treatment facility or other

930             1997 Session Laws of Kansas             Ch. 152

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 de-
tention of any person at a state psychiatric hospital unless a written state-
ment from a qualified mental health professional authorizing such ad-
mission and detention at a state psychiatric hospital has been filed with
the court.

(c) No ex parte emergency custody order shall provide for the deten-
tion of any person in a nonmedical facility used for the detention of per-
sons charged with or convicted of a crime.

(d) If no other suitable facility at which such person may be detained
is willing to accept the person, then the participating mental health center
for that area shall provide a suitable place to detain the person until the
further order of the court or until the ex parte emergency custody order
shall expire.

(e) 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.

(f) The district court shall not issue successive ex parte emergency
custody orders.

(g) 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.

Sec. 7. K.S.A. 1996 Supp. 59-2966 is hereby amended to read as
follows: 59-2966. (a) Upon the completion of the trial, if the court or jury
finds by clear and convincing evidence that the proposed patient is a
mentally ill person subject to involuntary commitment for care and treat-
ment under this act, the court shall order treatment for such person at a
treatment facility, except that the court shall not order treatment at a
state psychiatric hospital, unless a written statement from a qualified men-
tal health professional authorizing such treatment at a state psychiatric
hospital has been filed with the court. An order for treatment in a treat-
ment facility other than a state psychiatric hospital shall be conditioned
upon the consent of the head of that treatment facility to accepting the
patient. In the event no other appropriate treatment facility has agreed
to provide treatment for the patient, and no qualified mental health pro-
fessional has authorized treatment at a state psychiatric hospital, the par-
ticipating mental health center for the county in which the patient resides
shall be given responsibility for providing or securing treatment for the
patient or if no county of residence can be determined for the patient,
then the participating mental health center for the county in which the
patient was taken into custody or in which the petition was filed shall be
given responsibility for providing or securing treatment for the patient.

Ch. 152             1997 Session Laws of Kansas             931

(b) Within any order for treatment the court shall specify the period
of treatment as provided for in K.S.A. 1996 Supp. 59-2969 and amend-
ments thereto. 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. 1996 Supp. 59-2971 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 mentally ill person subject to involuntary com-
mitment for care and treatment under this act the court shall release the
person and terminate the proceedings.

Sec. 8. K.S.A. 1996 Supp. 59-2967 is hereby amended to read as
follows: 59-2967. (a) An order for outpatient treatment may be entered
by the court at any time in lieu of any type of order which would have
required inpatient care and treatment if the court finds that the patient
is likely to comply with an outpatient treatment order and that the patient
will not likely be a danger to the community or be likely to cause harm
to self or others while subject to an outpatient treatment order.

(b) No order for outpatient treatment shall be entered unless the
head of the outpatient treatment facility has consented to treat the patient
on an outpatient basis under the terms and conditions set forth by the
court, except that no order for outpatient treatment shall be refused by
a participating mental health center.

(c) If outpatient treatment is ordered, the order may state specific
conditions to be followed by the patient, but shall include the general
condition that the patient is required to comply with all directives and
treatment as required by the head of the outpatient treatment facility or
the head's designee. The court may also make such orders as are appro-
priate to provide for monitoring the patient's progress and compliance
with outpatient treatment. Within any outpatient order for treatment the
court shall specify the period of treatment as provided for in K.S.A. 1996
Supp. 59-2969 and amendments thereto.

(d) The court shall retain jurisdiction to modify or revoke the order
for outpatient treatment at any time on its own motion, on the motion of
any counsel of record or upon notice from the treatment facility of any
need for new conditions in the order for outpatient treatment or of ma-
terial noncompliance by the patient with the order for outpatient treat-
ment. However, if the venue of the matter has been transferred to an-
other court, then the court having venue of the matter shall have such
jurisdiction to modify or revoke the outpatient treatment order. Revo-
cation or modification of an order for outpatient treatment may be made
ex parte by order of the court in accordance with the provisions of sub-
sections (e) or (f).

932             1997 Session Laws of Kansas             Ch. 152

(e) The treatment facility shall immediately report to the court any
material noncompliance by the patient with the outpatient treatment or-
der. Such notice may be verbal or by telephone but shall be followed by
a verified written or facsimile notice delivered sent to the court, to counsel
for all parties and, as appropriate, to the head of the inpatient treatment
facility designated to receive the patient, by not later than 5:00 p.m. of
the first day the district court is open for the transaction of business after
the verbal or telephonic communication was made to the court. Upon
receipt of verbal, telephone, or verified written or facsimile notice of
material noncompliance, the court may enter an ex parte emergency cus-
tody order providing for the immediate detention of the patient in a
designated inpatient treatment facility except that the court shall not or-
der the detention of the patient at a state psychiatric hospital, unless a
written statement from a qualified mental health professional authorizing
such detention at a state psychiatric hospital has been filed with the court.
Any ex parte emergency custody order issued by the court under this
subsection shall expire at 5:00 p.m. of the second day the district court is
open for the transaction of business after the patient is taken into custody.
The court shall not enter successive ex parte emergency custody orders.

(f) (1) Upon the entry of taking of a patient into custody pursuant
to an ex parte emergency custody order revoking a previously issued order
for outpatient treatment and ordering the patient to involuntary inpatient
care the court shall set the matter for hearing not later than the close of
business on the second day the court is open for business after the filing
of the order the patient is taken into custody. Notice of the hearing shall
be given to the patient, the patient's attorney, the patient's legal guardian,
the petitioner or the county or district attorney as appropriate, the head
of the outpatient treatment facility and the head of the inpatient treat-
ment facility, similarly as provided for in K.S.A. 1996 Supp. 59-2963 and
amendments thereto.

(2) Upon the entry of an ex parte order modifying a previously issued
order for outpatient treatment, but allowing the patient to remain at lib-
erty, a copy of the order shall be served upon the patient, the patient's
attorney, the county or district attorney and the head of the outpatient
treatment facility similarly as provided for in K.S.A. 1996 Supp. 59-2963
and amendments thereto. Thereafter, any party to the matter, including
the petitioner, the county or district attorney or the patient, may request
a hearing on the matter if the request is filed within 5 days from the date
of service of the ex parte order upon the patient. The court may also
order such a hearing on its own motion within 5 days from the date of
service of the notice. If no request or order for hearing is filed within the
5-day period, the ex parte order and the terms and conditions set out in
the ex parte order shall become the final order of the court substituting
for any previously entered order for outpatient treatment. If a hearing is
requested, a formal written request for revocation or modification of the

Ch. 152             1997 Session Laws of Kansas             933

outpatient treatment order shall be filed by the county or district attorney
or the petitioner and a hearing shall be held thereon within 5 days after
the filing of the request.

(g) The hearing held pursuant to subsection (f) shall be conducted in
the same manner as hearings provided for in K.S.A. 1996 Supp. 59-2959
and amendments thereto. Upon the completion of the hearing, if the
court finds by clear and convincing evidence that the patient violated any
condition of the outpatient treatment order, the court may enter an order
for inpatient treatment, except that the court shall not order treatment
at a state psychiatric hospital unless a written statement from a qualified
mental health professional authorizing such treatment at a state psychi-
atric hospital has been filed with the court, or may modify the order for
outpatient treatment with different terms and conditions in accordance
with this section.

(h) The outpatient treatment facility shall comply with the provisions
of K.S.A. 1996 Supp. 59-2969 and amendments thereto concerning the
filing of written reports for each 90- or 180-day period during the time
the outpatient treatment order is in effect and the court shall receive and
process such reports in the same manner as reports received from an
inpatient treatment facility.

Sec. 9. K.S.A. 1996 Supp. 59-2969 is hereby amended to read as
follows: 59-2969. (a) At least 14 days prior to the end of each period of
treatment, as set out in the court order for such treatment, the head of
the treatment facility furnishing treatment to the patient shall submit to
the court a written report summarizing the treatment provided and the
findings and recommendations of the treatment facility concerning the
need for further treatment for the patient. Upon the receipt of this writ-
ten report, the court shall notify the patient's attorney of record that this
written report has been received. If there is no attorney of record for the
patient, the court shall appoint an attorney and notify such attorney that
the written report has been filed.

(b) When the attorney for the patient has received notice that the
treatment facility has provided the district court with its written report,
the attorney shall consult with the patient to determine whether the pa-
tient desires a hearing. If the patient desires a hearing, the attorney shall
file a written request for a hearing with the district court, which request
shall be filed not later than the end of the 90-day or 180-day period of
treatment as provided for herein. If the patient does not desire a hearing,
the patient's attorney shall file with the court a written statement that the
attorney has consulted with the patient; the manner in which the attorney
has consulted with the patient; that the attorney has fully explained to
the patient the patient's right to a hearing as set out in this section and
that if the patient does not request such a hearing that further treatment
will likely be ordered, but that having been so advised the patient does

934             1997 Session Laws of Kansas             Ch. 152

not desire a hearing. Thereupon, the court may renew its order for treat-
ment and may specify the next period of treatment. Notice thereof A
copy of the court's order shall be given to the patient, the attorney for
the patient, the patient's legal guardian, the petitioner or the county or
district attorney, as appropriate, and to the head of the treatment facility
treating the patient as the court shall specify.

(c) Upon receiving a written request for a hearing, the district court
shall set the matter for hearing and notice of such hearing shall be given
similarly as provided for in K.S.A. 1996 Supp. 59-2963 and amendments
thereto. Notice shall also be given to the head of the treatment facility
treating the patient. The hearing shall be held as soon as reasonably prac-
tical, but in no event more than 10 days following the filing of the written
request for a hearing. The patient shall remain in treatment during the
pendency of any such hearing, unless discharged by the head of the treat-
ment facility pursuant to K.S.A. 1996 Supp. 59-2973 and amendments
thereto.

(d) The district court having jurisdiction of any case may, on its own
motion or upon written request of any interested party, including the
head of the treatment facility where a patient is being treated, hold a
hearing to review the patient's status earlier than at the times set out in
subsection (b) above, if the court determines it is in the best interests of
the patient to have an earlier hearing, however, the patient shall not be
entitled to have more than one hearing within the first 90 days after the
date of the hearing at which the original treatment order was entered;
one hearing within the second 90 days after the date of the hearing at
which the original treatment order was entered and one hearing within
each 180 days thereafter.

(e) The hearing shall be conducted in the same manner as hearings
provided for in K.S.A. 1996 Supp. 59-2965 and amendments thereto,
except that the hearing shall be to the court and the patient shall not have
the right to demand a jury. At the hearing it shall be the petitioner's or
county or district attorney's or treatment facility's burden to show that
the patient remains a mentally ill person subject to involuntary commit-
ment for care and treatment under this act.

(f) Upon completion of the hearing, if the court finds by clear and
convincing evidence that the patient continues to be a mentally ill person
subject to involuntary commitment for care and treatment under this act,
the court shall order continued treatment at an inpatient treatment facility
as provided for in K.S.A. 1996 Supp. 59-2966 and amendments thereto,
or at an outpatient treatment facility if the court determines that outpa-
tient treatment is appropriate under K.S.A. 1996 Supp. 59-2967 and
amendments thereto, and a copy of the court's order shall be provided
to the head of the treatment facility. If the court finds that it has not been
shown by clear and convincing evidence that the patient continues to be
a mentally ill person subject to involuntary commitment for care and

Ch. 152             1997 Session Laws of Kansas             935

treatment under this act, it shall release the patient. A copy of the court's
order of release shall be provided to the patient, the patient's attorney,
the patient's legal guardian or other person known to be interested in the
care and welfare of a minor patient, and to the head of the treatment
facility at which the patient had been receiving treatment.

Sec. 10. K.S.A. 1996 Supp. 59-2971 is hereby amended to read as
follows: 59-2971. (a) At any time after the petition provided for in K.S.A.
1996 Supp. 59-2957 and amendments thereto has been filed, up until
venue may be transferred in accordance with this section.

(1) Prior to trial required by K.S.A. 1996 Supp. 59-2965 and amend-
ments thereto. Before the expiration of two full working days following
the probable cause hearing held pursuant to K.S.A. 1996 Supp. 59-2959
or 59-2962 and amendments thereto, the district court then with juris-
diction, on its own motion or upon the written request of any person,
may transfer the venue of the case to the district court for of the county
where the patient is being detained, evaluated or treated in a treatment
facility under the authority of an order issued pursuant to K.S.A. 1996
Supp. 59-2958, 59-2959 or 59-2964 and amendments thereto, issued prior
to the trial required by K.S.A. 1996 Supp. 59-2965 and amendments
thereto. Thereafter the district court may on its own motion or upon the
written request of any person transfer venue to another district court only
for good cause shown.

When any an order changing venue is issued, the district court issuing
such the order shall immediately send to the district court to which venue
is changed a facsimile of all pleadings and orders in the case. The district
court shall also immediately send a facsimile of the order transferring
venue to the treatment facility where the patient is being detained, eval-
uated or treated. The district court issuing such order, if not in the county
of residence of the proposed patient, shall transmit to the district court
in the county of residence of the proposed patient a statement of any
court costs incurred by the county of the district court issuing such order
and a certified copy of all pleadings and orders in the case.

(2) After trial required by K.S.A. 1996 Supp. 59-2965 and amend-
ments thereto, the district court may on its own motion or upon the writ-
ten request of any person transfer venue to another district court for good
cause shown. When an order changing venue is issued, the district court
issuing the order shall immediately send to the district court to which
venue is changed a facsimile of the petition for determination of mental
illness subject to involuntary commitment for care and treatment, the most
recent notice of hearing issued by the court, the order changing venue,
the current order of treatment, the most recent written report summariz-
ing treatment and any order allowing withdrawal of the patient's attor-
ney. The transferring district court shall also immediately send a facsimile
of the order transferring venue to the treatment facility where the patient

936             1997 Session Laws of Kansas             Ch. 152

is being detained, evaluated or treated. No later than 5:00 p.m. of the
second full day the district court transferring venue is open for business
following the issuance of the order transferring venue, the district court
transferring venue shall send to the receiving district court the entire file
of the case by restricted mail.

(b) The district court issuing an order transferring venue, if not in
the county of residence of the proposed patient, shall transmit to the dis-
trict court in the county of residence of the proposed patient a statement
of any court costs incurred by the county of the district court issuing the
order and, if the county of residence is not the receiving county, a certified
copy of all pleadings and orders in the case.

(c) Any district court to which venue is transferred shall proceed in
the case as if the petition had been originally filed therein and shall cause
notice of the change of venue to be given to the persons named in and
in the same manner as provided for in K.S.A. 1996 Supp. 59-2963 and
amendments thereto. In the event that notice of a change of location of
a hearing due to a change of venue cannot be served at least 48 hours
prior to any hearing previously scheduled by the transferring court or
because of scheduling conflicts the hearing can not be held by the re-
ceiving court on the previously scheduled date, then the receiving court
shall continue the hearing for up to seven full working days to allow
adequate time for notice to be given and the hearing held.

(d) Any district court to which venue is transferred, if not in the
county of residence of the patient, shall transmit to the district court in
the county of residence of the patient a statement of any court costs in-
curred and a certified copy of all pleadings and orders entered in the case
to the district court in the county of the residence of the patient after
transfer.

Sec. 11. K.S.A. 1996 Supp. 59-2972 is hereby amended to read as
follows: 59-2972. (a) The Except as provided in subsection (c), the sec-
retary of social and rehabilitation services or the secretary's designee may
transfer any patient from any state psychiatric hospital under the secre-
tary's control to any other state psychiatric hospital whenever the secre-
tary or the secretary's designee considers it to be in the best interests of
the patient. Except in the case of an emergency, the patient's spouse or
nearest relative or legal guardian, if one has been appointed, shall be
notified of the transfer, and notice shall be sent to the committing court
not less than 14 days before the proposed transfer. The notice shall name
the hospital to which the patient is proposed to be transferred to and state
that, upon request of the spouse or nearest relative or legal guardian, an
opportunity for a hearing on the proposed transfer will be provided by
the secretary of social and rehabilitation services prior to such transfer.

(b) The Except as provided in subsection (c), the secretary of social
and rehabilitation services or the designee of the secretary may transfer

Ch. 152             1997 Session Laws of Kansas             937

any involuntary patient from any state psychiatric hospital to any state
institution for the mentally retarded whenever the secretary of social and
rehabilitation services or the designee of the secretary considers it to be
in the best interests of the patient. Any patient transferred as provided
for in this subsection shall remain subject to the same statutory provisions
as were applicable at the psychiatric hospital from which the patient was
transferred and in addition thereto shall abide by and be subject to all
the rules and regulations of the retardation institution to which the patient
has been transferred. Except in the case of an emergency, the patient's
spouse or nearest relative or legal guardian, if one has been appointed,
shall be notified of the transfer, and notice shall be sent to the committing
court not less than 14 days before the proposed transfer. The notice shall
name the institution to which the patient is proposed to be transferred
to and state that, upon request of the spouse or nearest relative or legal
guardian, an opportunity for a hearing on the proposed transfer will be
provided by the secretary of social and rehabilitation services prior to such
transfer. No patient shall be transferred from a state psychiatric hospital
to a state institution for the mentally retarded unless the superintendent
of the receiving institution has found, pursuant to K.S.A. 76-12b01
through 76-12b11 and amendments thereto, that the patient is mentally
retarded and in need of care and training and that placement in the
institution is the least restrictive alternative available. Nothing in this sub-
section shall prevent the secretary of social and rehabilitation services or
the designee of the secretary from allowing a patient at a state psychiatric
hospital to be admitted as a voluntary resident to a state institution for
the mentally retarded, or from then discharging such person from the
state psychiatric hospital pursuant to K.S.A. 1996 Supp. 59-2973 and
amendments thereto, as may be appropriate.

(c) At all times, any person admitted to or detained at a state psy-
chiatric hospital upon an application made pursuant to K.S.A. 1996 Supp.
59-2954, and amendments thereto, or an order issued pursuant to K.S.A.
1996 Supp. 59-2958, 59-2959, 59-2964, 59-2966 or 59-2969, and amend-
ments thereto, and who is alleged to be or who has been determined to
be a mentally ill person subject to involuntary commitment for care and
treatment, as defined in subsection (f)(1)(B) of K.S.A. 1996 Supp. 59-2946,
and amendments thereto, shall be kept in a separate secure facility or
building and segregated at all times from any other patient alleged to be
or who has been determined to be a mentally ill person subject to invol-
untary commitment for care and treatment, as defined in subsection
(f)(1)(A) of K.S.A. 1996 Supp. 59-2946, and amendments thereto. The
provisions of this subsection (c) shall be effective on the date of the issu-
ance by the United States supreme court of an opinion in the case of State
of Kansas vs. LeRoy Hendricks, case no. 95-1649, which holds the sexually
violent predator act, K.S.A. 59-29a01 et seq., unconstitutional and shall
expire on June 30, 1998.

938             1997 Session Laws of Kansas             Ch. 152

Sec. 12. On the date of the issuance by the United States supreme
court of an opinion in the case of State of Kansas vs. LeRoy Hendricks,
case no. 95-1649, which holds the sexually violent predator act, K.S.A.
59-29a01 et seq., unconstitutional, K.S.A. 1996 Supp. 59-2946 and 59-
2972 and section 1 of chapter 172 of the 1996 Session Laws of Kansas,
section 2 of chapter 172 of the 1996 Session Laws of Kansas, section 3
of chapter 172 of the 1996 Session Laws of Kansas, section 4 of chapter
172 of the 1996 Session Laws of Kansas and section 5 of chapter 172 of
the 1996 Session Laws of Kansas are hereby repealed.

Sec. 13. K.S.A. 1996 Supp. 59-2957, 59-2958, 59-2966, 59-2967,
59-2969 and 59-2971 are hereby repealed.

Sec. 14. This act shall take effect and be in force from and after its
publication in the Kansas register.

Approved April 24, 1997.

Published in the Kansas Register: May 8, 1997.