Kansas Social and Rehabilitation Services this week asked the Legislature for almost $90 million to expand the state’s sexual predator unit at Larned State Hospital.

Michelle Ponce, SRS communications director, told KansasLiberty.com some of the new funding also would be used to increase staff at the unit, and to expand a second unit at Osawatomie State Hospital that houses offenders who are poised for release.

SRS officials believe the sexual predator unit, which currently holds 168 convicted sex offenders, will run out of space by 2012 unless an expansion occurs. If no expansion occurs, she said inmates would likely have to double up in rooms designed to hold one offender.

She said SRS was aware it would be vying with other state agencies who are seeking budget enhancements.

“We know it’s a tight budget year,” she said.

The sexual predator unit began operations in 1994, after passage of Kansas’ sexual predator law. The Kansas Supreme Court initially ruled the law unconstitutional, but that ruling was overruled in 1997 by the U.S. Supreme Court. The law allows the state to hold and treat convicted sex offenders, even after they have completed their criminal sentences.

Ponce said sexual offenders nearing the end of their criminal sentence must ultimately appear before a judge in a proceeding similar to a civil commitment hearing. The judge then sits through evidence and assessments by medical professionals to determine whether the offender has a “mental disease or defect that makes him likely to re-offend,” Ponce said.

If a judge rules that an offender represents a continuing threat, an offender can be held and treated indefinitely at Larned.

Ponce said so far, the facility has held only male offenders.

“Since the program began in 1994 no women have been committed to the program,” she said.

Increased funding, if granted, would allow a 90-bed expansion at Larned. In addition, the transition program at Osawatomie would be expanded to allow the housing of six additional residents.

In testimony before a legislative budget committee last Sept. 1, Ray Dalton, Deputy Secretary of Social and Rehabilitation Services, described the unit's philosophy.

“The overarching principle of the program is 'no more victims,'" he said, "which we believe is consistent with the legislative intent to protect the citizens of Kansas. Philosophically, we believe this goal allows for the possibility of positive, therapeutic change by the Sexual Predator Treatment Program residents while also maintaining increased responsibility to protect the citizens of Kansas, especially its children."

Dalton said if the unit does its job properly, it'll be better for everyone. "In that sense," he said, "the program views itself as part of the child protection network within SRS. The program is also structured to meet the Constitutional requirements set out by the United States Supreme Court.”

Dalton told committee members that the Larned program has averaged about 16 new residents a year. He said only two individuals had satisfactorily completed treatment and been granted final release in the unit’s 14 years of operation. In addition, two residents are currently on conditional release.

Ponce said SRS believes that eventually, the number of offenders entering the program would decrease, because of longer criminal sentences being given to convicted sex offenders. She said older offenders typically are less likely to re-offend than younger offenders.

The annual cost to house an individual in the predator unit is $69,070, compared to $22,630 for a state prison inmate. The difference in costs is related to the amount of staff required to provide treatment.

Dalton explained to committee members: “There is a wide range of staff needed; from direct care staff, such as MHDD Technicians, nurses, activity therapists, psychologists; support staff such as, safety and security officers, food service workers, administrative specialists custodial workers, general maintenance and repair workers, just to name a few.”

The current staffing ratio of staff to residents is 1.55 staff per resident.

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