Judge tosses lawsuit against Kansas sexual predator program

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7-19-17 Kansas:

TOPEKA, Kan. (AP) — A federal judge has dismissed a lawsuit brought by Kansas sex offenders who are confined indefinitely in a state program for post-prison mental health treatment, saying they didn't do enough to substantiate their claims.

U.S. District Judge J. Thomas Marten ruled Monday that the lawsuit failed to adequately argue that the treatment the offenders are receiving at Larned State Hospital in western Kansas is so lacking that their confinement violates their constitutional rights.

Kansas law allows the courts to order sex offenders to be held indefinitely for treatment after they've served their prison sentences. Legislators created the program in 1994 after the rape and murder of a college student by a sex offender who had been released from prison, and the U.S. Supreme Court declared it constitutional in 1997 because of the promised treatment.

The 25 men who filed the lawsuit in 2014 are among 261 offenders now being held in the Sexual Predator Treatment Program. Four offenders have been released since the program's inception and nine others are living independently but are still under court supervision, according to the state Department for Aging and Disability Services. ..Continued..

County to recoup cost of legal proceedings

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1-16-17 Kansas:

For Barton County, crime may pay.

Officials learned Wednesday the county will likely be reimbursed by the state for expenses stemming from a single costly legal proceeding last year. A notice from the Legislative Joint Committee on Special Claims Against the State indicated the claim for $22,166.36 had been approved.

“It’s a real positive for Barton County,” said Mike Keeley, 20th Judicial District chief judge. “We’re real excited.”

Keeley was joined by county commissioners for a telephone hearing with the committee last week. “It was definitely worth our time.”

According to Keeley, there is a state statute that allows for convicted repeat sex offenders to be committed to the Larned State Hospital Sexual Predator Unit following the completion of their criminal sentence. However, this is a civil commitment that comes after a review by the Kansas Attorney General’s Office, so the individual is entitled to commitment proceedings in the county where the offense took place.

Changes Underway For Kansas Sexual Predator Program

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12-27-16 Kansas:

Tim Keck, interim secretary of the Kansas Department for Aging and Disability Services, told a legislative committee last week that the department is looking into expanding the sexual predator treatment program into the building currently housing the Larned Juvenile Corrections Facility.

More offenders are completing the sexually violent predator treatment program in Kansas, but state officials say they still need a bigger building to house those in treatment.

The program, based at Larned State Hospital, attempts to treat offenders who have completed their prison sentences but who were found to have a mental or personality disorder that placed them at a high risk of committing another violent sexual offense.

A Legislative Post Audit report found the program could run out of space as early as 2017. As of mid-December, the program had 261 patients. Its capacity, including reintegration facilities at Osawatomie State Hospital and Parsons State Hospital, is 264.

Tim Keck, interim secretary of the Kansas Department for Aging and Disability Services, told a legislative committee last week that the department is looking into expanding the sexual predator treatment program into the building currently housing the Larned Juvenile Corrections Facility, which is scheduled to close early next year. Some renovations will be necessary, he said, but the department still needs to determine what they are and how much they will cost.

Lawmakers question state's sexual predator treatment program

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12-27-16 Kansas:

Population growth in the state’s sexual predator treatment program prompted questions among lawmakers last week over options to control the rise, including whether some could begin treatment while still in prison.

The idea would face significant headwinds, both legal and practical. Yet Attorney General Derek Schmidt said he is open to a conversation about the concept.

State officials have taken other steps to reform the program, where hundreds have gone for treatment but few have ever left. The treatment phases have been simplified, and an additional building for residents may be on the horizon.

Legislators met for two days last week for updates on Osawatomie and Larned state hospitals. Larned houses the sexual predator treatment program. Officials with the agency overseeing the program discussed with lawmakers options raised in a 2015 audit forslowing population growth.

Kansas Department for Aging and Disability Services officials said staff continues to formulate a long-term strategic plan to combat population increases. One option to control growth is beginning treatment during incarceration, but KDADS is reticent to pursue it.

The program is meant to treat sexual predators previously convicted of crimes who have finished their sentences. The program involves involuntary commitment, offering a way for prosecutors to keep predators confined even after completing criminal penalties.

The process to commit an individual to the program resembles a criminal proceeding. The individual has the right to counsel and a trialis held with a judge and jury. The individual can also often be jailed during the commitment proceedings.

Supreme Court: Kansas Violated Rights of Man Jailed 4 Years

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12-10-16 Kansas:

The state violated the rights of a convicted sex offender by holding him in jail for years without a trial under the claim that he was a sexually violent predator subject to involuntary civil commitment, the Kansas Supreme Court ruled Friday.

The state's highest court agreed with a ruling by Sedgwick County District Judge Benjamin Burgess, who in 2014 ordered Todd Ellison released from jail. The Supreme Court found that the state violated Ellison's due process rights to a speedy trial after he remained jailed for 1,705 days awaiting trial.

Ellison's attorney, Michael Whalen, said his client was relieved. He said the decision also puts the Kansas attorney general's office on notice that such cases need to be a priority and move more quickly through the courts.

The attorney general's office released a statement Friday saying it has taken steps in recent years to speed up such cases and to better document delays caused be defense attorneys' requests.

Kansas overhauling post-prison treatment of sex offenders

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10-1-16 Kansas:

TOPEKA, Kan. (AP) — Kansas is overhauling a program that confines sex offenders indefinitely for post-prison mental health treatment following a federal lawsuit, a critical legislative audit and legal challenges to similar programs in other states.

Officials in the Larned State Hospital program plan to roll out the changes in the next few weeks after months of work. They said treatment will become more structured, personalized and focused on changing thinking and behavior that could cause patients to commit new crimes once released. They also said patients will have a greater number of short, supervised community visits.

Advocates for the 264 men committed by state courts to the program said they're encouraged by the promised changes but remain concerned because the Larned hospital, about 100 miles west of Wichita, faces ongoing staffing issues.

A lawsuit filed by 25 of the patients in October 2014 alleged that the Kansas program "consistently" failed to provide adequate treatment and gave them almost no chance of ever being released. A legislative audit last year noted that in more than two decades, only three patients had completed the program, while 28 had died of natural or medical causes.

Kansas justices consider case of man held years without trial in sex predator treatment case

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9-13-16 Kansas:

In this March 24, 2015 file photo, the Kansas Supreme Court heard arguments. An attorney told the Kansas Supreme Court on Monday the years a man spent behind bars awaiting trial on whether he should be committed to a treatment program for sexually violent predators amounted to "warehousing."

An attorney told the Kansas Supreme Court on Monday the years a man spent behind bars awaiting trial on whether he should be committed to a treatment program for sexually violent predators amounted to “warehousing.”

The court held oral arguments in the case of a Wichita man who a district court found was denied due process after authorities held him in jail for four and a half years without a trial. The man’s incarceration has led to a clash over the state’s commitment law for predators, which sets few firm limits on pre-trial detention.

Individuals committed to the program at Larned State Hospital have little chance of ever leaving. Patients are more likely to die than be released.

Informational Post: about multiple states

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8-24-16 Multiple States:

Kansas:
Some activity in Kansas recently finally brought some movement in various legal actions against civil commitment facilities. Two Wichita law firms have been assigned to handle the class action lawsuit filed by residents of the Kansas civil commitment facility. Graybill and Hazlewood and Depew, Gillen, Rathbun and McInteer will take the case filed in 2014.

Minnesota:
In Minnesota, there has not been a ruling in the state's appeal of Judge Donovan Frank's order, and there might not be for some time yet. After the oral arguments in April, those final decisions can take from a year up to 18 months. The 8th Circuit Court of Appeals stayed Judge Donovan Frank’s remedies to his June 2015 judgement that the Minnesota Sex Offender Treatment Program was unconstitutional until they hear the state’s appeal. Frank’s remedies include giving all 700 plus residents of that program independent risk assessments by the end of 2017.

Missouri:
In Missouri at its latest remedies hearing with attorneys of the class action and the Missouri Attorney General’s office, a retired state judge was named to be the Master to monitor the settlement of the September 2015 unconstitutional decision by Judge Audrey Flessing of the Sex Offender Rehabilitation and Treatment (SORT). Certain guidelines will be determined to set time limits on a resident’s stay in the facility to five or six years and the use of recent and current assessments of the residents for their annual evaluation.

These guidelines will be presented to the judge at a fairness hearing in November and once a final decision on the guidelines is made, the details will be implemented in days afterward.


Source: A reputable CC researcher.
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eAdvocate

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Audit Finds Larned Sexual Predator Program Near Capacity

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1-27-16 Kansas:

Larned State Hospital could run out of room in its unit to treat sexual predators as early as next year, which may force the state to treat some offenders in community settings or set up a separate secured facility, according to a report from Legislative Post Audit.

The Larned program treats offenders who have completed their prison sentences but were involuntarily committed because a judge or jury found they were “sexually violent predators.” The label applies to offenders who have a “mental abnormality or personality disorder” that makes it likely they will engage in sexual violence again if not treated.

As of December 2014, the sexually violent predator program was 92 percent full, and the number of offenders is expected to keep growing. If current trends continue, the program likely will exceed its capacity between 2017 and 2020, senior auditor Lynn Retz told the Senate Public Health and Welfare Committee on Tuesday afternoon.

“Unless changes are made, the sexual predator treatment program would exceed capacity in the next few years,” she said. “Far more offenders are committed to the program each year than are released.”

The Post Audit report also estimated costs would more than double by 2025 and that Larned would struggle to find enough staff for the program, mostly due to a lack of available labor in the rural area around it, Retz said.

The most common way to leave Kansas’ sexual predator program is to die

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There are a few charts in the original not duplicated here.

1-17-16 Kansas:

Paul Blumenshine won parole in 1995 after serving 20 years in prison for rape and aggravated battery.

But before his release date, the state of Kansas got a civil court order to lock him up indefinitely under a then-brand-new program to keep violent sex offenders with a high risk of reoffending off the streets until they were deemed to pose no risk.

Seven years was said to be an attainable goal for completing the treatment program.

But it hasn’t worked out that way for Blumenshine, nor for most of the nearly 300 men who have been committed to the Kansas Sexual Predator Treatment Program in the past two decades.

Only a handful have completed the program and been set free.

“All this is, is a concentration camp and a warehouse,” said Blumenshine, now 74 and resigned to the fact that he may never leave the program at Larned State Hospital. “The only way they get out of here is in a body bag.”

Indeed, 28 men have died in custody, while only four have been judged to pose no risk and been released.

“When you have seven times as many people dying as those completing the program, then you have a problem,” said Michael Whalen, a Wichita attorney who represents sex offenders who could be committed to the program or who are trying to get out.

Kansas governor signs bill limiting sex predator appeals

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6-10-15 Kansas:

TOPEKA, Kan. (AP) — Gov. Sam Brownback has signed a bill putting new limits on appeals by sex offenders committed indefinitely to a state treatment program.

The measure was passed overwhelmingly by both chambers and Brownback signed it Tuesday. The new law takes effect July 1.

Offenders determined by a court to be sexual predators are committed to a treatment program after serving their criminal sentences. The bill would remove the right of confined offenders to request a jury trial when petitioning for release. It also would limit their right to file.

Brownback also signed a bill helping victims of human trafficking by allowing them to file civil lawsuits against perpetrators and collect damages. The new law also takes effect July 1. ..Source.. by SFGate.com

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House passes bill limiting legal rights for sex predators

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6-1-15 Kansas:

TOPEKA, Kan. (AP) — The Kansas House has approved a bill (SB 149) that would create new limits on appeals by sex offenders committed to a state treatment program.

The chamber voted 111-0 Monday to approve the bill, which will now go to the Senate for consideration.

Sex offenders determined by a court to be sexual predators are currently committed to a treatment program after they serve their criminal penalties. The bill would remove the right of confined offenders to request a jury trial when petitioning for release. It would also limit offenders' right to file grievances on a number of issues.

Democratic Rep. John Carmichael from Wichita said that he continues to have concerns with the bill. But he said some provisions that he believed unconstitutional were removed in negotiations between lawmakers from both chambers. ..Source.. by SFGate

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Man placed in sex predator program sees it as life sentence

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5-25-15 Kansas:

LARNED, Kansas — Carlos Lively says he may be confined by the state of Kansas for the rest of his life, even though he completed a prison sentence for a sex offense nine years ago.

The 30-year-old is one of 258 patients committed indefinitely to an expanding treatment program that the state says keeps the public safe from violent sexual predators who would otherwise go free after serving jail time.

Only three patients have been released from the program since its inception in 1994, while 27 have died. A state audit report released in April found its costs were soaring as 10 to 15 patients per year are added, increasing concern that some offenders who could be safely released are being held because of flaws in the treatment regimen.

Lively was sentenced to 19 months in jail in 2004, for exposing himself to two younger family members when he was 18, according to court records. Rather than be released on probation, he was committed in 2005 to the sexual predator treatment program at Larned State Hospital, a complex on the prairie about 100 miles west of Wichita.

Angela de Rocha, spokeswoman for the Department for Aging and Disability Services, which runs the program, said that few residents have been released from the program because they have all been convicted of multiple offenses and have been determined by a court to have severe mental abnormalities.

Kansas sex predator program could move due to labor shortage

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And what community is going to welcome them with open arms?

5-1-15 Kansas:

Persistent staffing problems at Larned State Hospital are driving up costs and leading some lawmakers to consider moving its sexual predator treatment program to a new location.

Kansas currently commits offenders deemed to be sexual predators to the hospital. A state auditor’s report released Tuesday said the facility is already understaffed and its rural location 100 miles west of Wichita does not have enough potential workers to serve the program’s increasing population.

The program is currently treating 258 offenders and only three have been released since 1994. The report found that program is growing by 10 to 15 residents per year and lead legislative auditor Scott Frank said it is “too big now to support in that labor market and when it doubles it’s going to be even more of a problem.”

Several lawmakers have said Larned’s “remote” location is problematic, and House Minority Leader Tom Burroughs, a Kansas City Democrat, said Thursday that the Legislature needs to work on a “long-term, viable relocation” of the program to an area that can support its workforce needs. He declined to suggest a specific locale, saying any community potentially hosting it would need to be consulted first.

Kansas bill removing legal rights from confined sex predators scrutinized after state audit

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4-29-2015 Kansas:

Some Kansas lawmakers on Wednesday expressed concern over legislation they say would make it more difficult for sex offenders who are civilly committed to treatment to appeal for their release.

The bill follows a state auditor's report that found flaws in the sexual predator treatment program and said its costs are soaring. The measure also would remove language from Kansas law requiring the state to provide some educational and rehabilitation services for those committed to the involuntary treatment.

Offenders deemed to be sexual predators are committed to Larned State Hospital after serving their criminal penalties and are released only after completing a seven-phase treatment plan. The legislation would remove those offenders' right to legal counsel when filing grievances and petitioning for release. And those proceedings would be moved from a court setting to a meeting with a state administrative lawyer who could decide the case by phone or video conference.

Kim Lynch, senior litigation counsel for the Department for Aging and Disability Services, which runs the program, said she hopes the changes will streamline the process in a positive way for all sides, noting that there is a backlog of cases from the program in Pawnee County court — some dating back to 2009.

Sex predator bill scrutinized after audit of state program

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4-29-2015 Kansas:

A bill that some lawmakers say would make it more difficult for sex offenders confined for treatment to appeal for their release is facing fresh scrutiny after a report by the state auditor found flaws in the program.

The report released Tuesday said the cost of Kansas' sexual predator treatment program could double by 2025 because only three have been released from it since 1994 and its population continues to rise.

Offenders deemed to be sexual predators are committed to Larned State Hospital after they serve their criminal penalties and are released only after completing a seven-phase treatment plan.

The bill would move patients' grievances and petitions for release from a courtroom setting to a meeting with an administrative lawyer who would decide the case by phone or video conference. by KAKE.com

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Kansas program to confine sex predators to double in cost by 2025, state auditor says

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4-28-15 Kansas:

TOPEKA, Kansas — The state's auditing agency says that the cost of civilly committing sexual predators for treatment in Kansas will double during the next 10 years.

The Legislative Division of Post-Audit presented a report Tuesday that estimates the program's cost will increase from $13.9 million in 2014 to between $26 million and $34 million in 2025.

In Kansas, offenders deemed sexual predators are committed to a Larned State Hospital after they serve their criminal penalties.

The number of patients in the program has grown to 258 and just three have been released since the program was launched in 1994, while 27 28 have died during their confinement.

Kansas auditor to release report on sexual predator program

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4-28-15 Kansas:

TOPEKA, Kan. (AP) - The state’s auditing agency is set to present a report on the cost and effectiveness of Kansas’ program to involuntarily commit sexual predators to treatment.

The Legislative Division of Post-Audit will present its findings Tuesday into the program that civilly commits some sex offenders to a Larned State Hospital after they serve their criminal penalties. The report will compare it to similar programs in other states, and look into ways to reduce the rise in its population and cost.

The number of patients in the program has grown to 258, most of whom are confined to Larned State Hospital. Since the program was launched in 1994, only three patients have been fully released while 27 have died during their confinement.

Critics say the program unconstitutionally prolongs offenders’ sentences.

Kansas faces criticism for cost of sex offender program

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4-27-15 Kansas:

LARNED, Kan. (AP) - Kansas is among a number of states facing questions about whether its program that commits sex offenders to involuntary treatment rehabilitates them or, as critics claim, merely warehouses them indefinitely due to public safety concerns.

At a time when Kansas legislators are seeking to find a mix of cuts and tax increases to fill roughly $422 million in budget shortfalls, Republican Gov. Sam Brownback has recommended increasing funds for the sexual predator program from $13.9 million in 2014 to $20.4 million by 2017 to accommodate its growing population. Since its inception in 1994, the number of offenders confined has grown to 258 and only three have been released back into public, according to the Department for Aging and Disability Services, which runs the program.

Supporters of the program argue that the funding increases are necessary to keep dangerous offenders off the street, but some lawmakers have expressed concern as its costs and population balloon. A state audit report is due out Tuesday, looking at ways to address costs and comparing Kansas' program to those in in 19 other states and the District of Columbia.

The report "won't be a pretty thing to look at," said state Rep. John Carmichael, a Wichita Democrat. He added he believes the Kansas program may be unconstitutionally prolonging offenders' incarceration without offering proper treatment.

Kansas Senate Standing Committee on Judiciary introduces SB-149

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2-6-2015 Kansas:

SENATE BILL No. 149 and After Committee

AN ACT concerning civil commitment of sexually violent predators; amending K.S.A. 59-29a01, 59-29a03 and 59-29a10 and K.S.A. 2014 Supp. 59-2401a, 59-29a04, 59-29a04a, 59-29a05, 59-29a06, 59-29a07, 59-29a08, 59-29a11, 59-29a22, 59-29a23, 59-29a24 and 77-603 and repealing the existing sections; also repealing K.S.A. 59-29a18.

Section 1. K.S.A. 59-29a01 is hereby amended to read as follows: 59-29a01. (a) The legislature finds that there exists an extremely dangerous group of sexually violent predators who have a mental abnormality or personality disorder and who are likely to engage in repeat acts of sexual violence if not treated for their mental abnormality or personality disorder. Because the existing civil commitment procedures under K.S.A. 59-2901 et seq., and amendments thereto, are inadequate to address the special needs of sexually violent predators and the risks they present to society, the legislature determines that a separate involuntary civil commitment process for the potentially long-term control, care and treatment of sexually violent predators is necessary. The legislature also determines that because of the nature of the mental abnormalities or personality disorders from which sexually violent predators suffer, and the dangers they present, it is necessary to house involuntarily committed sexually violent predators in an environment separate from persons involuntarily committed under K.S.A. 59-2901 et seq., and amendments thereto.

(b) Notwithstanding any other evidence of legislative intent, it is hereby declared that any time requirements set forth in K.S.A. 59-29a01 et seq., and amendments thereto, either as originally enacted or as amended, are intended to be directory and not mandatory and serve as guidelines for conducting proceedings under K.S.A. 59-29a01 et seq., and amendments thereto.

(c) The provisions of K.S.A. 59-29a01 et seq., and amendments thereto, shall be known and may be cited as the Kansas sexually violent predator act. ..Continued.. ...

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