University of Michigan Law School
Civil Rights Litigation Clearinghouse
Title "Twenty Years after Kansas v. Hendricks: Reforming the Kansas Sexual Predator Treatment Program Is Crucial to the Future of the Kansas Sexually Violent Predator Act"
Date Fall 2016
Author Justine T. Koehle
Author Institution University of Kansas School of Law
Author Role Student
Abstract Part I of this article gives a brief overview of the KSVPA's statutory provisions and its constitutionality as ruled in Kansas v. Hendricks. Part II describes the current state of the KSVPA by providing a synopsis of the KSVPA's pertinent legislative history. It also describes the current state of the SPTP. Part III discusses how the KSVPA, because of its similarities to the Minnesota and Missouri statutory provisions and treatment programs, is likely now unconstitutional under Kansas v. Hendricks. Part IV discusses the problems the KSVPA's potential unconstitutionality and the SPTP's current operations and treatment practices causes for the State of Kansas. Part V proposes solutions to remedy the KSVPA's potential unconstitutionality and the SPTP's inefficient and unstable operations. Part VI discusses the benefits and risks of the proposed solutions to the KSVPA and SPTP. Part VII concludes by emphasizing the importance of reforming the KSVPA and SPTP to promote the rights of residents, curb the SPTP's encroaching population capacity, and ensure public safety.
Source Kansas Journal of Law & Public Policy
Citation 26 Kan. J.L. & Pub. Pol'y 1-23

This Resource Relates To
case Karsjens v. Minnesota Department of Human Services (CJ-MN-0002)
case Baker v. DesLauriers (MH-KS-0001)

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