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Kansas House Bill HB2213

Kansas 2023-2024 Regular Session

Kansas House Bill HB2213 Compare Versions

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11 Session of 2023
22 HOUSE BILL No. 2213
33 By Committee on Corrections and Juvenile Justice
44 1-30
55 AN ACT concerning the Kansas offender registration act; relating to
66 registration requirements; creating a mechanism to waive fees;
77 registration at a single location; creating a mechanism to seek relief
88 from registration for violent offenders; amending K.S.A. 2022 Supp.
99 22-4904, 22-4905, 22-4907 and 22-4908 and repealing the existing
1010 sections.
1111 Be it enacted by the Legislature of the State of Kansas:
1212 New Section 1. (a) A person required to register as an offender
1313 pursuant to the Kansas offender registration act may petition the district
1414 court in the county where the offender resides to waive payment of the
1515 registration fee required by K.S.A. 22-4905, and amendments thereto.
1616 Such offender shall submit an affidavit to the court on a form that shall be
1717 prescribed by the judicial council. There shall be no docket fee required.
1818 (b) The court may:
1919 (1) Question the offender under oath concerning the contents of the
2020 affidavit; and
2121 (2) require the offender to produce evidence on the issue of the
2222 offender's financial inability to make the payment required by K.S.A. 22-
2323 4905, and amendments thereto.
2424 (c) If it appears to the satisfaction of the court that requiring the
2525 payment will impose manifest hardship on the offender or the offender's
2626 immediate family, the court may:
2727 (1) Waive the current payment owed by the offender;
2828 (2) extend the time in which the offender has to make the payment; or
2929 (3) waive the payment for a specified period of time, not to exceed
3030 three years.
3131 (d) If the court issues an order modifying an offender's obligation to
3232 pay the registration fee required by K.S.A. 22-4905, and amendments
3333 thereto, the court shall provide the offender with a copy of the order. Such
3434 order shall be effective to modify the offender's obligation to pay the
3535 registration fee in any county where the offender is required to register.
3636 (e) This section shall be a part of and supplemental to the Kansas
3737 offender registration act.
3838 Sec. 2. K.S.A. 2022 Supp. 22-4904 is hereby amended to read as
3939 follows: 22-4904. (a) (1) At the time of conviction or adjudication for an
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7676 offense requiring registration as provided in K.S.A. 22-4902, and
7777 amendments thereto, the court shall:
7878 (A) Inform any offender, on the record, of the procedure to register
7979 and the requirements of K.S.A. 22-4905, and amendments thereto; and
8080 (B) if the offender is released:
8181 (i) Complete a notice of duty to register, which and such notice shall
8282 include title and statute number of conviction or adjudication, date of
8383 conviction or adjudication, case number, county of conviction or
8484 adjudication, and the following offender information: Name, address, date
8585 of birth, social security number, race, ethnicity and gender;
8686 (ii) require the offender to read and sign the notice of duty to register,
8787 which and such notice shall include a statement that the requirements
8888 provided in this subsection have been explained to the offender;
8989 (iii) order the offender to report within three business days to the
9090 registering law enforcement agency in the county or tribal land of
9191 conviction or adjudication and to the registering law enforcement agency
9292 in any place where the offender resides, maintains employment or attends
9393 school, to complete the registration form with all information and any
9494 updated information required for registration as provided in K.S.A. 22-
9595 4907, and amendments thereto; and
9696 (iv) provide one copy of the notice of duty to register to the offender
9797 and, within three business days, send a copy of the form to the law
9898 enforcement agency having initial jurisdiction and to the Kansas bureau of
9999 investigation.
100100 (2) At the time of sentencing or disposition for an offense requiring
101101 registration as provided in K.S.A. 22-4902, and amendments thereto, the
102102 court shall ensure the age of the victim is documented in the journal entry
103103 of conviction or adjudication.
104104 (3) Upon commitment for control, care and treatment by the Kansas
105105 department for aging and disability services pursuant to K.S.A. 59-29a07,
106106 and amendments thereto, the court shall notify the registering law
107107 enforcement agency of the county where the offender resides during
108108 commitment of such offender's commitment. Such notice shall be prepared
109109 by the office of the attorney general for transmittal by the court by
110110 electronic means, including by fax or e-mail.
111111 (b) The staff of any correctional facility or the registering law
112112 enforcement agency's designee shall:
113113 (1) At the time of initial custody, register any offender within three
114114 business days:
115115 (A) Inform the offender of the procedure for registration and of the
116116 offender's registration requirements as provided in K.S.A. 22-4905, and
117117 amendments thereto;
118118 (B) complete the registration form with all information and updated
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162162 information required for registration as provided in K.S.A. 22-4907, and
163163 amendments thereto;
164164 (C) require the offender to read and sign the registration form, which
165165 and such form shall include a statement that the requirements provided in
166166 this subsection have been explained to the offender;
167167 (D) provide one copy of the form to the offender and, within three
168168 business days, send a copy of the form to the Kansas bureau of
169169 investigation; and
170170 (E) enter all offender information required by the national crime
171171 information center into the national sex offender registry system within
172172 three business days of completing the registration or electronically submit
173173 all information and updated information required for registration as
174174 provided in K.S.A. 22-4907, and amendments thereto, within three
175175 business days to the Kansas bureau of investigation;
176176 (2) notify the Kansas bureau of investigation of the incarceration of
177177 any offender and of the location or any change in location of the offender
178178 while in custody;
179179 (3) prior to any offender being discharged, paroled, furloughed or
180180 released on work or school release that does not require the daily return to
181181 a correctional facility:
182182 (A) Inform the offender of the procedure for registration and of the
183183 offender's registration requirements as provided in K.S.A. 22-4905, and
184184 amendments thereto;
185185 (B) complete the registration form with all information and updated
186186 information required for registration as provided in K.S.A. 22-4907, and
187187 amendments thereto;
188188 (C) require the offender to read and sign the registration form, which
189189 and such form shall include a statement that the requirements provided in
190190 this subsection have been explained to the offender;
191191 (D) photograph the offender's face and any identifying marks;
192192 (E) obtain fingerprint and palm prints of the offender; and
193193 (F) provide one copy of the form to the offender and, within three
194194 business days, send a copy of the form and of the photograph or
195195 photographs to the law enforcement agency having initial jurisdiction and
196196 to the Kansas bureau of investigation; and
197197 (4) notify the law enforcement agency having initial jurisdiction and
198198 the Kansas bureau of investigation seven business days prior to any
199199 offender being discharged, paroled, furloughed or released on work or
200200 school release.
201201 (c) The staff of any treatment facility shall:
202202 (1) Within three business days of an offender's arrival for inpatient
203203 treatment, inform the registering law enforcement agency of the county or
204204 location of jurisdiction in which where the treatment facility is located of
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248248 the offender's presence at the treatment facility and the expected duration
249249 of the treatment, and immediately notify the registering law enforcement
250250 agency of an unauthorized or unexpected absence of the offender during
251251 the offender's treatment;
252252 (2) inform the registering law enforcement agency of the county or
253253 location of jurisdiction in which where the treatment facility is located
254254 within three business days of an offender's discharge or release; and
255255 (3) provide information upon request to any registering law
256256 enforcement agency having jurisdiction relevant to determining the
257257 presence of an offender within the treatment facility.
258258 (d) The registering law enforcement agency, upon the reporting of
259259 any offender, shall:
260260 (1) Inform the offender of the duty to register as provided by the
261261 Kansas offender registration act;
262262 (2) (A) explain the procedure for registration and the offender's
263263 registration requirements as provided in K.S.A. 22-4905, and amendments
264264 thereto;
265265 (B) obtain the information required for registration as provided in
266266 K.S.A. 22-4907, and amendments thereto; and
267267 (C) require the offender to read and sign the registration form, which
268268 and such form shall include a statement that the requirements provided in
269269 this subsection have been explained to the offender;
270270 (3) complete the registration form with all information and updated
271271 information required for registration, as provided in K.S.A. 22-4907, and
272272 amendments thereto, each time the offender reports to the registering law
273273 enforcement agency. All information and updated information reported by
274274 an offender shall be forwarded to the Kansas bureau of investigation
275275 within three business days;
276276 (4) maintain the original signed registration form, provide one copy
277277 of the completed registration form to the offender and, within three
278278 business days, send one copy of the completed form to the Kansas bureau
279279 of investigation;
280280 (5) forward a copy of any certified letter used for reporting pursuant
281281 to K.S.A. 22-4905, and amendments thereto, when utilized, within three
282282 business days to the Kansas bureau of investigation;
283283 (6) obtain registration information from every offender required to
284284 register regardless of whether or not the offender remits payment;
285285 (7) upon every required reporting, update the photograph or
286286 photographs of the offender's face and any new identifying marks and
287287 immediately forward copies or electronic files of the photographs to the
288288 Kansas bureau of investigation;
289289 (8) enter all offender information required by the national crime
290290 information center into the national sex offender registry system within
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334334 three business days of completing the registration or electronically submit
335335 all information and updated information required for registration as
336336 provided in K.S.A. 22-4907, and amendments thereto, within three
337337 business days to the Kansas bureau of investigation;
338338 (9) maintain a special fund for the deposit and maintenance of fees
339339 paid by offenders. All funds retained by the registering law enforcement
340340 agency pursuant to the provisions of this section shall be credited to a
341341 special fund of the registering law enforcement agency which that shall be
342342 used solely for law enforcement and criminal prosecution purposes and
343343 which shall not be used as a source of revenue to reduce the amount of
344344 funding otherwise made available to the registering law enforcement
345345 agency; and
346346 (10) forward any initial registration and updated registration
347347 information within three business days to any out-of-state jurisdiction
348348 where the offender is expected to reside, maintain employment or attend
349349 school.
350350 (e) (1) The Kansas bureau of investigation shall:
351351 (A) Forward all additions or changes in information to any registering
352352 law enforcement agency, other than the agency that submitted the form,
353353 where the offender expects to reside, maintain employment or attend
354354 school;
355355 (B) ensure that offender information is immediately entered in the
356356 state registered offender database and the Kansas registered offender
357357 website, as provided in K.S.A. 22-4909, and amendments thereto;
358358 (C) transmit offender conviction or adjudication data, fingerprints and
359359 palm prints to the federal bureau of investigation; and
360360 (D) ensure all offender information required by the national crime
361361 information center is transmitted into the national sex offender registry
362362 system within three business days of such information being electronically
363363 submitted to the Kansas bureau of investigation.
364364 (2) The director of the Kansas bureau of investigation may adopt
365365 rules and regulations necessary to implement the provisions of the Kansas
366366 offender registration act.
367367 (f) The attorney general shall, within 10 business days of an offender
368368 being declared a sexually violent predator, forward to the Kansas bureau of
369369 investigation all relevant court documentation declaring an offender a
370370 sexually violent predator.
371371 (g) The state department of education shall annually notify any school
372372 of the Kansas bureau of investigation internet website, and any internet
373373 website containing information on the Kansas offender registration act
374374 sponsored or created by the registering law enforcement agency of the
375375 county or location of jurisdiction in which where the school is located, for
376376 the purpose of locating offenders who reside near such school. Such
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420420 notification shall include information that the registering law enforcement
421421 agency of the county or location of jurisdiction where such school is
422422 located is available to the school to assist in using the registry and
423423 providing additional information on registered offenders.
424424 (h) The secretary of health and environment shall annually notify any
425425 licensed child care facility of the Kansas bureau of investigation internet
426426 website, and any internet website containing information on the Kansas
427427 offender registration sponsored or created by the registering law
428428 enforcement agency of the county in which where the facility is located,
429429 for the purpose of locating offenders who reside near such facility. Such
430430 notification shall include information that the registering law enforcement
431431 agency of the county or location of jurisdiction where such child care
432432 facility is located is available to the child care facilities to assist in using
433433 the registry and providing additional information on registered offenders.
434434 (i) Upon request, the clerk of any court of record shall provide the
435435 Kansas bureau of investigation copies of complaints, indictments,
436436 information, journal entries, commitment orders or any other documents
437437 necessary to the performance of the duties of the Kansas bureau of
438438 investigation under the Kansas offender registration act. No fees or
439439 charges for providing such documents may be assessed.
440440 Sec. 3. K.S.A. 2022 Supp. 22-4905 is hereby amended to read as
441441 follows: 22-4905. Any offender required to register as provided in the
442442 Kansas offender registration act shall:
443443 (a) Except as otherwise provided in this subsection, register in person
444444 with the registering law enforcement agency within three business days of
445445 coming into any county or location of jurisdiction in which where the
446446 offender resides or intends to reside, maintains employment or intends to
447447 maintain employment, or attends school or intends to attend school. Any
448448 such offender who cannot physically register in person with the registering
449449 law enforcement agency for such reasons including, but not limited to,
450450 incapacitation or hospitalization, as determined by a person licensed to
451451 practice medicine or surgery, or involuntarily committed pursuant to the
452452 Kansas sexually violent predator act, shall be subject to verification
453453 requirements other than in-person registration, as determined by the
454454 registering law enforcement agency having jurisdiction;
455455 (b) except as provided further, for any: (1) Sex offender, including a
456456 violent offender or drug offender who is also a sex offender, report in
457457 person four times each year to the registering law enforcement agency in
458458 the county or location of jurisdiction in which where the offender resides,
459459 maintains employment or is attending a school; and (2) violent offender or
460460 drug offender, report in person four times each year to the registering law
461461 enforcement agency in the county or location of jurisdiction in which
462462 where the offender resides, maintains employment or is attending a school,
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506506 except that, at the discretion of the registering law enforcement agency,
507507 one of the four required reports may be conducted by certified letter. When
508508 utilized, the certified letter for reporting shall be sent by the registering law
509509 enforcement agency to the reported residence of the offender. The offender
510510 shall indicate any changes in information as required for reporting in
511511 person. The offender shall respond by returning the certified letter to the
512512 registering law enforcement agency within 10 business days by certified
513513 mail. The offender shall be required to report to the registering law
514514 enforcement agency once during the month of the offender's birthday and
515515 every third, sixth and ninth month occurring before and after the month of
516516 the offender's birthday. The registering law enforcement agency may
517517 determine the appropriate times and days for reporting by the offender,
518518 consistent with this subsection. Nothing contained in this subsection shall
519519 be construed to alleviate any offender from meeting the requirements
520520 prescribed in the Kansas offender registration act;
521521 (c) provide the information required for registration as provided in
522522 K.S.A. 22-4907, and amendments thereto, and verify all information
523523 previously provided is accurate;
524524 (d) if in the custody of a correctional facility, register with the
525525 correctional facility within three business days of initial custody and shall
526526 not be required to update such registration until discharged, paroled,
527527 furloughed or released on work or school release from a correctional
528528 facility. A copy of the registration form and any updated registrations for
529529 an offender released on work or school release shall be sent, within three
530530 business days, to the registering law enforcement agency where the
531531 offender is incarcerated, maintains employment or attends school, and to
532532 the Kansas bureau of investigation;
533533 (e) if involuntarily committed pursuant to the Kansas sexually violent
534534 predator act, register within three business days of arrival in the county
535535 where the offender resides during commitment. The offender shall not be
536536 required to update such registration until placed in a reintegration facility,
537537 on transitional release or on conditional release. Upon placement in a
538538 reintegration facility, on transitional release or on conditional release, the
539539 offender shall be personally responsible for complying with the provisions
540540 of the Kansas offender registration act;
541541 (f) notwithstanding subsections (a) and (b), if the offender is
542542 transient, report in person to the registering law enforcement agency of
543543 such county or location of jurisdiction in which where the offender is
544544 physically present within three business days of arrival in the county or
545545 location of jurisdiction. Such offender shall be required to register in
546546 person with the registering law enforcement agency every 30 days, or
547547 more often at the discretion of the registering law enforcement agency.
548548 Such offender shall comply with the provisions of the Kansas offender
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592592 registration act and, in addition, shall:
593593 (1) Provide a list of places where the offender has slept and otherwise
594594 frequented during the period of time since the last date of registration; and
595595 (2) provide a list of places where the offender may be contacted and
596596 where the offender intends to sleep and otherwise frequent during the
597597 period of time prior to the next required date of registration;
598598 (g) if required by out-of-state law, register in any out-of-state
599599 jurisdiction, where the offender resides, maintains employment or attends
600600 school;
601601 (h) register in person upon any commencement, change or
602602 termination of residence location, employment status, school attendance or
603603 other information as provided in K.S.A. 22-4907, and amendments thereto,
604604 within three business days of such commencement, change or termination,
605605 to the registering law enforcement agency or agencies where last
606606 registered and provide written notice to the Kansas bureau of
607607 investigation;
608608 (i) report in person to the registering law enforcement agency or
609609 agencies within three business days of any change in name;
610610 (j) if receiving inpatient treatment at any treatment facility, inform the
611611 treatment facility of the offender's status as an offender and inform the
612612 registering law enforcement agency of the county or location of
613613 jurisdiction in which where the treatment facility is located of the
614614 offender's presence at the treatment facility and the expected duration of
615615 the treatment;
616616 (k) submit to the taking of an updated photograph by the registering
617617 law enforcement agency on each occasion when the offender registers with
618618 or reports to the registering law enforcement agency in the county or
619619 location of jurisdiction in which where the offender resides, maintains
620620 employment or attends school. In addition, such offender shall submit to
621621 the taking of a photograph to document any changes in identifying
622622 characteristics, including, but not limited to, scars, marks and tattoos;
623623 (l) remit payment to the sheriff's office in the amount of $20 as part of
624624 the reporting process required pursuant to subsection (b) in each county in
625625 which where the offender resides, maintains employment or is attending
626626 school. Registration will be completed regardless of whether or not the
627627 offender remits payment. Failure of the offender to remit full payment
628628 within 15 days of registration is a violation of the Kansas offender
629629 registration act and is subject to prosecution pursuant to K.S.A. 22-4903,
630630 and amendments thereto. Notwithstanding other provisions herein,
631631 payment of this fee is not required:
632632 (1) When an offender provides updates or changes in information or
633633 during an initial registration unless such updates, changes or initial
634634 registration is during the month of such offender's birthday and every
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678678 third, sixth and ninth month occurring before and after the month of the
679679 offender's birthday;
680680 (2) when an offender is transient and is required to register every 30
681681 days, or more frequently as ordered by the registering law enforcement
682682 agency, except during the month of the offender's birthday and every third,
683683 sixth and ninth month occurring before and after the month of the
684684 offender's birthday; or
685685 (3) if an offender has, prior to the required reporting and within the
686686 last three years, been determined to be indigent by a court of law in the
687687 criminal case for which the offender is required to register, and the basis
688688 for that finding is recorded by the court; or
689689 (4) if the court has determined that requiring payment of the fee
690690 would impose manifest hardship on the offender or the offender's
691691 immediate family pursuant to section 1, and amendments thereto;
692692 (m) annually renew any driver's license pursuant to K.S.A. 8-247, and
693693 amendments thereto, and annually renew any identification card pursuant
694694 to K.S.A. 2022 Supp. 8-1325a, and amendments thereto;
695695 (n) if maintaining primary residence in this state, surrender all driver's
696696 licenses and identification cards from other states, territories and the
697697 District of Columbia, except if the offender is presently serving and
698698 maintaining active duty in any branch of the United States military or the
699699 offender is an immediate family member of a person presently serving and
700700 maintaining active duty in any branch of the United States military;
701701 (o) read and sign the registration form noting whether the
702702 requirements provided in this section have been explained to the offender;
703703 and
704704 (p) report in person to the registering law enforcement agency in the
705705 jurisdiction of the offender's residence and provide written notice to the
706706 Kansas bureau of investigation 21 days prior to any travel outside of the
707707 United States, and provide an itinerary including, but not limited to,
708708 destination, means of transport and duration of travel, or if under
709709 emergency circumstances, within three business days of making travel
710710 arrangements.
711711 Sec. 4. K.S.A. 2022 Supp. 22-4907 is hereby amended to read as
712712 follows: 22-4907. (a) Registration as required by the Kansas offender
713713 registration act shall consist of a form approved by the Kansas bureau of
714714 investigation, which and such form shall include a statement that the
715715 requirements provided in this section have been reviewed and explained to
716716 the offender, and shall be signed by the offender and, except when such
717717 reporting is conducted by certified letter as provided in subsection (b) of
718718 K.S.A. 22-4905(b), and amendments thereto, witnessed by the person
719719 registering the offender. Such registration form shall include the following
720720 offender information:
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764764 (1) Name and all alias names;
765765 (2) date and city, state and country of birth, and any alias dates or
766766 places of birth;
767767 (3) title and statute number of each offense or offenses committed,
768768 date of each conviction or adjudication and court case numbers for each
769769 conviction or adjudication;
770770 (4) city, county, state or country of conviction or adjudication;
771771 (5) sex and date of birth or purported age of each victim of all
772772 offenses requiring registration;
773773 (6) current residential address, any anticipated future residence and
774774 any temporary lodging information including, but not limited to, address,
775775 telephone number and dates of travel for any place in which where the
776776 offender is staying for seven or more days; and, if transient, the locations
777777 where the offender has stayed and frequented since last reporting for
778778 registration;
779779 (7) all telephone numbers at which the offender may be contacted
780780 including, but not limited to, all mobile telephone numbers;
781781 (8) social security number, and all alias social security numbers;
782782 (9) identifying characteristics such as race, ethnicity, skin tone, sex,
783783 age, height, weight, hair and eye color, scars, tattoos and blood type;
784784 (10) occupation and name, address or addresses and telephone
785785 number of employer or employers, and name of any anticipated employer
786786 and place of employment;
787787 (11) all current driver's licenses or identification cards, including a
788788 photocopy of all such driver's licenses or identification cards and their
789789 numbers, states of issuance and expiration dates;
790790 (12) all vehicle information, including the license plate number,
791791 registration number and any other identifier and description of any vehicle
792792 owned or operated by the offender, or any vehicle the offender regularly
793793 drives, either for personal use or in the course of employment, and
794794 information concerning the location or locations such vehicle or vehicles
795795 are habitually parked or otherwise kept;
796796 (13) license plate number, registration number or other identifier and
797797 description of any aircraft or watercraft owned or operated by the offender,
798798 and information concerning the location or locations such aircraft or
799799 watercraft are habitually parked, docked or otherwise kept;
800800 (14) all professional licenses, designations and certifications;
801801 (15) documentation of any treatment received for a mental
802802 abnormality or personality disorder of the offender; for purposes of
803803 documenting the treatment received, registering law enforcement agencies,
804804 correctional facility officials, treatment facility officials and courts may
805805 rely on information that is readily available to them from existing records
806806 and the offender;
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850850 (16) a photograph or photographs;
851851 (17) fingerprints and palm prints;
852852 (18) any and all schools and satellite schools attended or expected to
853853 be attended and the locations of attendance and telephone number;
854854 (19) any and all: E-mail addresses; online identities used by the
855855 offender on the internet; information relating to membership in any and all
856856 personal web pages or online social networks; and internet screen names;
857857 (20) all travel and immigration documents; and
858858 (21) name and telephone number of the offender's probation, parole
859859 or community corrections officer.
860860 (b) The offender shall provide biological samples for DNA analysis to
861861 the registering law enforcement agency as required by K.S.A. 21-2511,
862862 and amendments thereto. The biological samples shall be in the form using
863863 a DNA databank kit authorized by the Kansas bureau of investigation. The
864864 registering law enforcement agency shall forward such biological samples
865865 to the Kansas bureau of investigation. Prior to taking such sample, the
866866 registering law enforcement agency shall search the Kansas criminal
867867 justice information system to determine if such person's DNA profile is
868868 currently on file. If such person's DNA profile is on file with the Kansas
869869 bureau of investigation, the registering law enforcement agency is not
870870 required to take biological samples.
871871 (c) If an offender reports an employer pursuant to subsection (a)(10)
872872 or a school pursuant to subsection (a)(18) that is in a county other than
873873 the county where the offender resides or intends to reside, the Kansas
874874 bureau of investigation shall notify the sheriff of the county where the
875875 employer or school is located of the registration information for such
876876 offender.
877877 Sec. 5. K.S.A. 2022 Supp. 22-4908 is hereby amended to read as
878878 follows: 22-4908. (a) (1) Except as provided in subsection (b), a drug
879879 offender who is required to register under the Kansas offender registration
880880 act may file a verified petition for relief from registration requirements if
881881 the offender has registered for a period of at least five years after the date
882882 of parole, discharge or release, whichever date is most recent, or, if not
883883 confined, five years from the date of conviction or adjudication.
884884 (2) Except as provided in subsection (b), a violent offender who is
885885 required to register under the Kansas offender registration act because of
886886 a conviction or adjudication of criminal restraint or a person felony when
887887 the court has made a finding that a deadly weapon was used, or an
888888 attempt, solicitation or conspiracy to commit either of those offenses, may
889889 file a verified petition for relief from registration requirements if the
890890 offender has registered for a period of at least five years after the date of
891891 parole, discharge or release, whichever date is most recent, or, if not
892892 confined, five years from the date of conviction or adjudication.
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936936 (b) An offender who is required to register pursuant to K.S.A. 22-
937937 4906(k), and amendments thereto, because of an out-of-state conviction or
938938 adjudication may not petition for relief from registration requirements in
939939 this state if the offender would be required to register under the law of the
940940 state or jurisdiction where the conviction or adjudication occurred. If the
941941 offender would no longer be required to register under the law of the state
942942 or jurisdiction where the conviction or adjudication occurred, the offender
943943 may file a verified petition pursuant to subsection (a).
944944 (c) Any period of time during which an offender is incarcerated in
945945 any jail or correctional facility or during which the offender does not
946946 substantially comply with the requirements of the Kansas offender
947947 registration act shall not count toward the duration of registration required
948948 in subsection (a).
949949 (d) (1) A verified petition for relief from registration requirements
950950 shall be filed in the district court in the county where the offender was
951951 convicted or adjudicated of the offense requiring registration. If the
952952 offender was not convicted or adjudicated in this state of the offense
953953 requiring registration, such petition shall be filed in the district court of
954954 any county where the offender is currently required to register. The docket
955955 fee shall be as provided in K.S.A. 60-2001, and amendments thereto.
956956 (2) The petition shall include:
957957 (A) The offender's full name;
958958 (B) the offender's full name at the time of conviction or adjudication
959959 for the offense or offenses requiring registration, if different than the
960960 offender's current name;
961961 (C) the offender's sex, race and date of birth;
962962 (D) the offense or offenses requiring registration;
963963 (E) the date of conviction or adjudication for the offense or offenses
964964 requiring registration;
965965 (F) the court in which the offender was convicted or adjudicated of
966966 the offense or offenses requiring registration;
967967 (G) whether the offender has been arrested, convicted, adjudicated or
968968 entered into a diversion agreement for any crime during the period the
969969 offender is required to register; and
970970 (H) the names of all treatment providers and agencies that have
971971 treated the offender for mental health, substance abuse and offense-related
972972 behavior since the date of the offense or offenses requiring registration.
973973 (3) The judicial council shall develop a petition form for use under
974974 this section.
975975 (4) When a petition is filed, the court shall set a date for a hearing on
976976 such petition and cause notice of the hearing to be given to the county or
977977 district attorney in the county where the petition is filed. Any person who
978978 may have relevant information about the offender may testify at the
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10221022 hearing.
10231023 (5) The county or district attorney shall notify any victim of the
10241024 offense requiring registration who is alive and whose address is known or,
10251025 if the victim is deceased, the victim's family if the family's address is
10261026 known. The victim or victim's family shall not be compelled to testify or
10271027 provide any discovery to the offender.
10281028 (6) The county or district attorney shall have access to all applicable
10291029 records, including records that are otherwise confidential or privileged.
10301030 (e) (1) The court may require a drug an offender who is petitioning
10311031 for relief under this section to undergo a risk assessment.
10321032 (2) Any risk assessment ordered under this subsection shall be
10331033 performed by a professional agreed upon by the parties or a professional
10341034 approved by the court. Such risk assessment shall be performed at the
10351035 offender's expense.
10361036 (f) The court shall order relief from registration requirements if the
10371037 offender shows by clear and convincing evidence that:
10381038 (1) The offender has not been convicted or adjudicated of a felony,
10391039 other than a felony violation or aggravated felony violation of K.S.A. 22-
10401040 4903, and amendments thereto, within the five years immediately
10411041 preceding the filing of the petition, and no proceedings involving any such
10421042 felony are presently pending or being instituted against the offender;
10431043 (2) the offender's circumstances, behavior and treatment history
10441044 demonstrate that the offender is sufficiently rehabilitated to warrant relief;
10451045 and
10461046 (3) registration of the offender is no longer necessary to promote
10471047 public safety.
10481048 (g) If the court denies an offender's petition for relief, the offender
10491049 shall not file another petition for relief until three years have elapsed,
10501050 unless a shorter time period is ordered by the court.
10511051 (h) If the court grants relief from registration requirements, the court
10521052 shall order that the offender be removed from the offender registry and that
10531053 the offender is no longer required to comply with registration
10541054 requirements. Within 14 days of any order, the court shall notify the
10551055 Kansas bureau of investigation and any local law enforcement agency that
10561056 registers the offender that the offender has been granted relief from
10571057 registration requirements. The Kansas bureau of investigation shall remove
10581058 such offender from any internet website maintained pursuant to K.S.A. 22-
10591059 4909, and amendments thereto.
10601060 (i) An offender may combine a petition for relief under this section
10611061 with a petition for expungement under K.S.A. 2022 Supp. 21-6614, and
10621062 amendments thereto, if the offense requiring registration is otherwise
10631063 eligible for expungement.
10641064 Sec. 6. K.S.A. 2022 Supp. 22-4904, 22-4905, 22-4907 and 22-4908
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11081108 are hereby repealed.
11091109 Sec. 7. This act shall take effect and be in force from and after its
11101110 publication in the statute book.
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