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.
Institution: University of Kansas School of Law
Citation: 26 Kan. J.L. & Pub. Pol'y 1-23