| Kansas Megan's
Law and Victim's Rights
(1)The right to be informed
Victims of crime as defined by law shall be
entitled to certain basic rights, including the right to be informed of public
hearings, as defined by law, of the criminal justice process.
(2)The right to be present
Victims of crime as defined by law shall be
entitled to certain basic rights, including the right to be present at, public
hearings, as defined by law, of the criminal justice process.
(3)The right to be heard
Victims of crime as defined by law shall be
entitled to certain basic rights, including the right to be heard at sentencing
or at any other time deemed appropriate by the court.
Please refer to the State of Kansas, Section 15, for further information
regarding the victims' rights.
15. VICTIMS' RIGHTS.
(a) Victims of crime as defined by law shall be entitled to certain basic
rights, including the right to be informed of and to be present at, public
hearings, as defined by law, of the criminal justice process, and to be heard at
sentencing or at any other time deemed appropriate by the court, to the extent
that these rights do not interfere with the constitutional rights of the
accused.
(b) Nothing in this section shall be construed as creating a cause of action
for money damages against the state, a county, a municipality, or any of the
agencies, instrumentalities, or employees thereof. The legislature may provide
for other remedies to insure adequate enforcement of this section.
(c) Nothing in this section shall be construed to authorize a court to set
aside or to void a finding of guilt or innocence or an acceptance of a plea of
guilty or to set aside any sentence imposed in any criminal case.
| Contact Person: |
Jesica Guth (785) 296-6656, Mary Anne Howerton (785) 296-8277 -
State Bureau of Investigations. |
| Offenders Required to Register: |
Anyone convicted of the following offenses and whose date of
offense occurred on or after April 14, 1994, must register and such registration
becomes public record: rape, (aggravated) and/or indecent liberties with a
child, (aggravated) and/or criminal sodomy, (aggravated) and/or indecent
solicitation of a child, sexual exploitation of a child, and aggravated sexual
battery. Anyone convicted of the following offenses on or after April 14, 1994,
must register, and if date of offense occurred on or after July 1, 1997, such
registration becomes public record: sexual battery and aggravated incest. Anyone
convicted of the following offenses on or after July 1, 1997, must register, and
if date of offense occurred on or after July 1, 1997, such registration becomes
public record: capital murder, first degree murder, second degree murder,
voluntary (and involuntary) manslaughter, kidnapping (except by a parent),
aggravated kidnapping, criminal restraint (except by a parent) when the victim
is less than 18 years of age, adultery, criminal sodomy, promoting prostitution,
patronizing a prostitute, lewd and lascivious unlawful sexual conduct when one
of the parties involved is less than 18 years of age. . Anyone who is convicted
and whose date of offense is on or after July 1, 1999 must register for life and
such registration is a public record for Aggravated Rape, Aggravated Criminal
Sodomy, penetration of the victim of any age through use of force or threat of
serious violence or penetration of the victim less than 14 years of age. Person
must register for attempt, conspiracy or criminal solicitation of any offense
requiring registration. |
| Information Collected: |
Fingerprints, social security number, photograph, current
address, telephone number, and additional relevant information not including
information identifying the victim. |
| Administrating Agency: |
Kansas Bureau of Investigation , Department of Corrections and
local law enforcement, county sheriff. |
| Timeframe for Registration: |
Upon release or parole from correctional institution or upon
commencement of a sentence of intermediate punishment or probation; within 10
days of changing address; within 10 days of moving to another state. |
| Applies to Out of State Offenders: |
Yes (meeting the date requirements stated above.) Legislation is
being introduced during this session to honor any requirement of another state
to register even if the conviction occurred before the implementation of the
Kansas Act. |
| Duration of Requirement: |
Sexually violent predators - until the court determines the
person is no longer a sexually violent predator; certain other offenders - 10
years: If more than one conviction and aggravated offenses, LIFE. |
| Verification of Address: |
Yes, every 90 days. |
| Penalties for Non-Compliance: |
Class A non-person misdemeanor; providing false information can
result in charges at Level 10, non-person felony.. |
| Access to Information: |
The general public has access to SOR information through an
Internet website. Members of the public may also inspect registration records at
a local sheriff's office or at the Kansas Bureau of Investigation. (The date of
commission of specific offenses determines whether an offender's registration
information is a public record.) |
| Confidentiality Provision: |
Social security numbers and drivers license information on the
offenders is not considered open to the public. |
| Number Registered: |
2,400 as of 7/11/02 |
| Percent Compliance: |
Of the 1,820, currently 140 are considered absconded for a
compliance rate of 93.3%. |
| Internet Access: |
http://www.accesskansas.org/kbi/ro.htm |
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