Brief⁽¹⁾

House Sub. for S.B. 671 would enact "Stephanie's Law" and amend the current law regarding the civil commitment of sexually violent predators to do the following:

• Provide for progressive release in the form of transitional release, then conditional release, and final release of a person when an examination and court review determine that the person's condition has changed. At each of the above hearings, the Attorney General has the burden of proof to show beyond a reasonable doubt that the person's condition has not changed and the person should not be allowed transitional, conditional, or final release.



• Provide that transitional release of a person civilly committed can include any halfway house, work release, or other placement designed to assist the person's adjustment and reintegration into the community upon release.



• Provide that conditional release of a person civilly committed under the Act can occur when a plan of treatment is in place. The plan can include provisions about the person's residence, prescribed medications, attending counseling, maintaining employment, having no contact with children, and other related restrictions.

• Provide that a person is eligible for final release only after five years with no violations of a person's treatment plan under conditional release.

Background

The bill was requested by the Kansas Attorney General. A representative of SRS supported the bill but suggested that juvenile offenders be deleted.

The Senate Committee amendments deleted suggested provisions changing current law: changing the law from beyond a reasonable doubt standard to a clear and convincing standard; allowing less than a unanimous verdict; and deleting the prosecutor review committee. The amendments also deleted a suggested provision naming the law "Stephanie's Law" in memory of Stephanie Schmidt who was murdered in 1993 by a sex offender.

The House Committee inserted the provisions in the substitute bill.

1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/fulltext-bill.html.