59-29a19. Conditional release; plan of treatment; minimum term; hearing for final release; conditional release monitor; violating conditions of plan or release. (a) If the court determines that the person should be placed on conditional release, the court, based upon the recommendation of the treatment staff and progress review panel, shall establish a plan of treatment which the person shall be ordered to follow. This plan of treatment may include, but shall not be limited to: Provisions as to where the person shall reside and with whom, taking prescribed medications, attending individual and group counseling and any other type of treatment, maintaining employment, having no contact with children, having no direct contact with individuals that match the person's victim template, travel restrictions, searches, home visits, substance abuse testing and registration requirements. Upon a showing by the person that the person accepts the plan of treatment and is prepared to follow it, the court shall release the person from the transitional release program.

(b) The conditional release monitor shall monitor the person's compliance with the plan of treatment ordered by the court while on conditional release. The conditional release monitor shall report the person's progress on conditional release to the court. At any time during which the person is on conditional release and the conditional release monitor determines that the person has violated any material condition of the plan, the conditional release monitor may request the district court to issue an emergency ex parte order directing any law enforcement officer to take the person into custody and return the person to the secure commitment facility. Any such request shall be made by sworn affidavit setting forth with specificity the grounds for the entry of such emergency ex parte order provided to the court by personal deliver*, telefacsimile communication or electronic means prior to the entry of such order and notice of such request shall be given to the person's counsel, or if the person is unrepresented, to the person.

(c) A current examination of the person's mental condition shall be made in accordance with K.S.A. 59-29a08, and amendments thereto, and submitted to the court and the secretary once each year.

(d) Upon the person being returned to the secure commitment facility from conditional release, notice shall be given by the secretary to the court. The court shall set the matter for a hearing within two working days of receipt of notice of the person's having been returned to the secure commitment facility and cause notice to be given to the attorney general, the person and the secretary. The attorney general shall have the burden of proof to show probable cause that the person violated conditions of conditional release. The hearing shall be to the court. At the conclusion of the hearing, the court shall issue an order returning the person to the secure commitment facility, to transitional release, or to conditional release, and may order such other further conditions with which the person must comply if the person is returned to either transitional release or conditional release.

(e) After a minimum of five years has passed in which the person has been free of violations of conditions of such person's treatment plan, the treatment staff, or other treatment providers directed by the court, may examine such person to determine if the person's mental abnormality or personality disorder has significantly changed so as to warrant such person being considered for final discharge. The individual preparing the report shall forward the report to the court. The court shall review the same. If the court determines that probable cause exists to believe that the person's mental abnormality or personality disorder has so changed that the person is safe to be entitled to final discharge, the court shall set a formal hearing on the issue. The attorney general shall have the burden of proof to show beyond a reasonable doubt that the person's mental abnormality or personality disorder remains such that such person is not appropriate for final discharge. The person shall have the same rights as enumerated in K.S.A. 59-29a06, and amendments thereto. Subsequent to either a court review or a hearing, the court shall issue an appropriate order with findings of fact. The order of the court shall be provided to the attorney general, the person and the secretary.

(f) If, after a hearing, the court is convinced beyond a reasonable doubt that the person is not appropriate for final discharge, the court shall continue custody of the person with the secretary for placement in a secure facility, or on transitional or conditional release. Otherwise, the court shall order the person finally discharged. In the event the court does not order final discharge of the person, the person still retains the right to annual reviews.

(g) The final discharge shall not prevent the person from being prosecuted for any criminal acts which the person is alleged to have committed or from being subject in the future to a subsequent commitment under this act.

History: L. 1998, ch. 198, § 2; L. 1999, ch. 140, § 7; L. 2010, ch. 5, § 6; L. 2018, ch. 94, § 5; July 1.