SESSION OF 1998
SUPPLEMENTAL NOTE ON
HOUSE SUBSTITUTE FOR
SENATE BILL NO. 671
As Recommended by House Committee on Judiciary
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
- Provide that a person is eligible for final release only after five
years with no violations of a person's treatment plan under
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
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