SESSION OF 2022
SUPPLEMENTAL NOTE ON SENATE BILL NO. 102
As Amended by House Committee on Judiciary

Brief*
SB 102, as amended, would amend the Kansas
Sexually Violent Predator Act (SVPA) regarding the notice of
release or anticipated release of sexually violent predators
(SVPs).

Notice of Release or Anticipated Release
Under current law, when it appears a person meets the
criteria to be determined a SVP, the agency with jurisdiction is
required give written notice to the Attorney General and a
multidisciplinary team (as defined in the statute) 90 days prior
to the release or anticipated release of such person. The bill
would require that on and after July 1, 2023, and prior to July
1, 2024, such notice be given 90 days to 2 years prior to such
release or anticipated release. On and after July 1, 2024, the
bill would require notice to be given two years prior to such
release or anticipated release.
The bill would add the following non-exclusive list of
situations in which such notice must be given:
● Anticipated release from total confinement of a
person convicted of a sexually violent offense,
except as soon as practicable following
readmission to prison of a person returned for less
than 90 days for revocation of postrelease
supervision;

____________________
*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.kslegislature.org
 ● Release of a person charged with a sexually
violent offense who has been determined to be
incompetent to stand trial;
● Release of a person who has been found not guilty
of a sexually violent offense by reason of mental
disease or defect; or
● Release of a person who has been found not guilty
of a sexually violent offense by reason of mental
disease or defect, and the jury answers in the
affirmative to a special question regarding criminal
intent.
Detention and Secure Confinement of SVPs
The bill would amend a statute governing the process
for a court to determine probable cause that a person is a
SVP to provide an exception to the current rule that, upon a
probable cause finding, the court must direct that the person
be taken into custody and detained in county jail until such
time a determination is made on whether the person is
subject to confinement under the SVPA. The bill would
provide this transport and detention to county jail would not
occur when the person is subject to secure confinement at a
facility operated by the Secretary of Corrections until such
confinement ends. In addition, the bill would add a provision
to this section to allow the court to secure such confined
person’s attendance at the proceeding by directing the sheriff
of the county where the proceeding will be held to take the
person into physical custody and detain in county jail for such
time reasonable to secure the person’s attendance at the
proceeding. The bill would specify that nothing in the statute
creates rights regarding appearance at proceedings or the
amount of time detained in county jail for the person alleged
to be a SVP.
The bill also would change a notice requirement for the
probable cause hearing to replace timing based upon when

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the person is taken into custody with timing based upon the
filing of a petition under the SVPA, remove references to
“detainer” or “detained,” adjust the definition of “agency with
jurisdiction” to reflect the other amendments made by the bill,
and make clarifying amendments.

Background
The bill was introduced by the Senate Committee on
Judiciary at the request of the Office of the Attorney General
(OAG).

Senate Committee on Judiciary
In the Senate Committee hearing on February 17, 2021,
representatives of the OAG and the Kansas Sheriffs
Association testified as proponents of the bill, stating the bill
would reduce burdens on county jails by reducing the time
possible SVPs spend in county jails during the commitment
process and allowing the commitment process to begin
earlier while the possible SVP remains in the custody of the
Kansas Department of Corrections (KDOC).
A representative of KDOC provided neutral testimony
with information on the current process and the additional
resources KDOC would need under the provisions of the bill.
A representative of the Kansas Association of Criminal
Defense Lawyers (KACDL) provided written-only opponent
testimony, stating concerns regarding hearing rights, the
amount of time a person may be detained under the bill, and
funding.

House Committee on Judiciary
In the House Committee hearing on March 16, 2021, the
same proponents described above provided testimony; the
same representative of KDOC provided neutral testimony;
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and the same representative of KACDL provided written-only
opponent testimony. No other testimony was provided.
On February 15, 2022, the House Committee amended
the bill to update statutory references and to extend by one
year the effective dates for the amended notification
provisions included in the bill.

Fiscal Information
According to the fiscal note dated February 5, 2021,
prepared by the Division of the Budget on the bill as
introduced, KDOC indicates enactment of the bill would
require additional resources because of the new timeframe
for processing SVPs. KDOC states that it would require
$1,132,216 in FY 2022 from the State General Fund to review
additional cases in which the SVPA may apply and to provide
additional sex offender treatment. Of that amount, $229,216
would be for two contract clinical services report writers,
$75,000 would be for 1.00 administrative FTE position,
$660,000 would be for 8.00 program/treatment provider FTE
positions, $93,000 would be for 1.00 program/treatment
supervisor FTE position, and $75,000 would be for travel and
equipment for the additional positions.
The Office of Judicial Administration states enactment of
the bill could require a judge to enter more orders in a
sexually violent predator case. The additional expenditures
cannot be estimated but are anticipated to be negligible.
The OAG could incur some additional costs during the
transition of reporting periods because it would receive an
increase in the number of notices from KDOC. OAG could
also have an increase in cases to litigate to determine SVP
status. However, a precise fiscal effect cannot be estimated
because the number of additional cases is unknown.
The Kansas Association of Counties states that,
because the county sheriff with jurisdiction would be
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responsible for transporting, housing, and monitoring the
sexually violent predators, the bill could increase
expenditures. However, it is not possible to estimate the fiscal
effect. The League of Kansas Municipalities states enactment
of the bill would have a negligible effect on cities that could be
absorbed within existing budgets.
Sexually Violent Predator Treatment Program; sexually violent predators; notice of
release or anticipated release; Attorney General; multidisciplinary team; Kansas
Department of Corrections


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Statutes affected:
As introduced: 59-29a02, 59-29a03, 59-29a05
As Amended by House Committee: 59-29a02, 59-29a03, 59-29a05