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Nov. 17, 2017
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Minutes for SB12 - Committee on Judiciary

Short Title

Amending residency restrictions for persons on transitional or conditional release under the Kansas sexually violent predator act.

Minutes Content for Thu, Jan 26, 2017

Jason Thompson began the hearing giving the Committee a brief on SB 12.  He explained that this bill amends residency restrictions for persons on transitional or conditional release, under the Kansas Sexually Violent Predator Act.

Seeing no questions, Chairman Wilborn moved on to the next order of business.

Proponent:

Christy Molzen testified in support (Attachment 1) of SB 12 saying that the bill has come about as a result of a study that was requested by former Chairman King to be done by the Kansas Judicial Council. She explained that the request looked at only one particular subsection of one statute that is part of the Sexually Violent Predator Act. In addition, she said that the Council recommended four changes to the Kansas Statute that include:

  • Allowing a district court to grant acceptations to the 2,000 foot restriction down to a minimum of 500 feet, with appropriate considerations.
  • Clarifying the definition facilities and buildings.
  • Adding language stating that if a church, daycare, or school moves into the neighborhood after the person on release has already established residence, that person is not in violation and does not have to move.
  • Requiring conditional release plans to have provisions telling the person on release what to do in case of an emergency situation.

Ms. Molzen concluded by saying that the Council believes that the bill clarifies the residency restriction provisions and allows more individualized tailoring of those restrictions while protecting public safety, and asked that the bill be adopted.

During the question and answer period, the issue of public safety was addressed. In addition questions about the distance restrictions were addressed. After all questions had been addressed, Chairman Wilborn moved on to the next order of business.

Opponent:

Eldon Dillingham testified in opposition (Attachment 2) to SB 12 starting his testimony by sharing that in his search for properties that met the requirement of the current law, they have identified no more than two properties. Therefore, he asked the Committee to change the 2,000 foot requirement to 1/4 mile and ask that the restriction limitation be moved from the current proposal of 500 feet, to 300 feet; which is about a city block. Mr. Dillingham added however, that even if this portion changes to 500 feet there will be more housing available. He said that he believed the "immediate family member" portion of the statute must be an error, questioning other programs such as Kansas Department for Aging and Disability Services that have not followed the "immediate family member" statute.

After a brief question and answer period, Chairman Wilborn closed the hearing on the bill and moved on to the next order of business.