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Loophole May Free Convicted Kansas Sex Offenders
By KMBC
Published: 05/02/2003

Bills stuck in the Kansas Legislature could result in a dozen sex offenders being released from prison unless lawmakers act quickly to fix a 60-day trial-date cutoff, KMBC reported. 
The laws were triggered by two unrelated cases -- the 2002 death of Brian Edgar, whose parents are charged with his murder; and the decade-old murder of Stephanie Schmidt, who was killed by a paroled sex offender. 
Many of the sex offenders in question were convicted in Wyandotte County. But because of a legal loophole and the fact that trials for the offenders weren't scheduled soon enough, those prisoners could be free in a few days, KMBC said. 
Gene Schmidt, Stephanie's father, said that unless the Legislature acts Wednesday or Thursday, 12 of 'the worst sex offenders' will be released from the Larned Correctional Mental Health Facility. 
Ten years ago, the murder of Schmidt's daughter prompted the Kansas 'sexual predator' law, which was designed to confine released prisoners for treatment, KMBC said. 
Trials to determine whether the offenders are sexual predators must be set within 60 days of the inmates' scheduled prison release, according to the law. 
The 60-day limit can be extended only if all sides agree to it, KMBC said. A Kansas bill would loosen that time frame and declare the requirements are only to serve as guidelines. 
But that law is lumped together with a more controversial measure that was prompted by the death of Brian last winter. This measure would, in some cases, open up adoption and child-care records. 
'Access to those public records gets into a lot of civil rights issues. It's totally unrelated. They have nothing to do with each other,' Schmidt said. 
Kansas Attorney General Phill Kline said that unless the sexual predator loophole is closed during the Legislature's wrap-up session, the prisoners could go free. The session could be over by the end of the week. 
Schmidt said that three of the offenders have already been released because of the 60-day limit. One offender went back to prison on a parole violation. 



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