TOPEKA, Kan. – For the first time in nearly a decade, the Kansas legislature requested a comprehensive review of the Kansas sexually violent predator act (SVPA).
SVPA was enacted in 1994 with the dual mission to: (1) protect the community and prevent further victimization by individuals classified as sexually violent predators; and (2) provide specialized, evidence-based therapeutic treatment to civilly committed individuals housed at Larned State Hospital (LSH), helping them manage risk and safely reintegrate into society. In 1997, the United States Supreme Court in Kansas vs. Hendrick, upheld the constitutionality of Kansas’ SVPA and overturning the Kansas’ Supreme Court’s finding that it violated the due process clause of the 14th amendment.
On Monday, October 26, 2026, the special committee on sexually violent predator treatment program reform heard a full day of testimony regarding the program and possible modifications. Among the presenters were LSH Superintendent Dr. Lindsey Topps, Pawnee County Attorney Douglas McNett, the Revisor of Statutes, the Kansas Legislative Research Department and a Committee of Citizens Concerned with Civil Commitment.
Dr. Lindsey Topps spoke and fielded questions for approximately an hour and 45 minutes about the historic statistics of the program and its ongoing cost to the State. The sexual predator treatment program (SPTP) currently has 283 residents of which 17 are in transitional release or conditional release. Individuals must remain violation free for a minimum of five years on conditional release before they can receive a final discharge. Dr. Topps advised the committee that since its inception a total of 381 individuals have been civilly committed to SPTP, 20 residents have received final discharge, and another 76 residents have passed away while in the program. There are currently 269.5 full-time employees at LSH dedicated to SPTP. In the fiscal year 2026, SPTP’s reportable expenditures at LSH were $48,716,655. Dr. Topps indicated there could possibly be up to an additional $2,000,000 in expenditures on reintegration facilities at Osawatomie State Hospital and Parsons State Hospital.
Pawnee County Attorney Douglas McNett then presented and fielded questions for approximately an hour about the impact SPTP has had on the local court system, LSH and ancillary the State’s mental health system overall, and his overall observations of the program. McNett told the committee that while SPTP plays a vital role in keeping the citizens of Kansas safe, a deep diving, critical review of the program is long overdue. He asked the special legislative committee in its review to consider two fundamental questions: (1) Is SPTP negatively impacting Larned State Hospital’s other core mental health directives? And (2) Are there potentially individuals civilly committed to SPTP that don’t need to be? McNett prefaced those questions with the recognition that regardless of whether the committee reviews the substantive law itself or rather how it has been applied, the one universal truth controlling everything and greatest obstacle to reform of SPTP is that “No one wants the potential liability or exposure for releasing someone from the program that ultimately reoffends.” Adding that truth applies to policy makers, judges, juries, prosecutors and mental health professionals alike.
With that in mind, McNett advised the committee they needed to recognize the expansion of SPTP has been accomplished in part through a reduction of capacity in Larned State Hospital’s other programs of Psychiatric Services Program (PSP) and State Security Program (SSP). PSP provides acute inpatient psychiatric treatment and evaluation for adults with severe mental health conditions. LSH’s civil PSP catchment area covers 61 counties across central and western two-thirds of Kansas. SSP provides forensic services such as competency evaluations and restoration services, and care & treatment for individuals found not guilty due to mental disease or defect for the entire State of Kansas.
McNett further advised the committee that since the adoption of the Kansas sexually violent predator act Kansas has enacted several enhancements to its criminal justice system particularly as it relates to child sex crimes noting enactment of the Kansas Offender Registration Act, Jessica’s Law mandating life sentences for sex crimes committed on victims less than 14 years of age, Lifetime Post-Release Supervision for Sexually Violent Offenses and the criminalization of Electronic Solicitation.
Jillian Kincaid with the Kansas Legislative Research Department advised the committee that 21 States have enacted some form of civil commitment procedure for involuntary confinement of sexually violent predators (SVP). Of those, Nine States require SVP to be subject to electronic monitoring. While several States are considering revisions to their programs, no State has completely repealed its civil commitment act.
Committee Chair Senator Stephen Owens of Hesston noted that the average annual cost of confinement for an SPTP resident was in excess of $175,000 compared to the average annual cost of incarceration with the Kansas Department of Corrections being approximately $60,000 per inmate. With those numbers in mind, Sen. Owens asked several of the presenters if they had any suggestions on changes or alternatives to the current program that could reduce costs while still meeting the primary goal of public safety.
After hearing a full day of testimony, the Committee was not prepared to make any formal recommendations for reforms to the SVP act or SPTP and decided to leave with only a recommendation for further review and a three-day interim committee hearing during the 2027 Fall interim session. The lone No vote for additional follow-up was Senate Judiciary Committee Chair Kellie Warren of Leawood noting she felt the SVP act has met its goal of protecting the citizens of Kansas.
Douglas W. McNett
Pawnee County Attorney
Pawnee County Courthouse
715 Broadway
Larned KS 67550
