Kansas Statutes
Article 66 - Sentencing
21-6622 Sentencing for capital murder and mandatory terms of imprisonment; determination if defendant is a person with intellectual disability.

21-6622. Sentencing for capital murder and mandatory terms of imprisonment; determination if defendant is a person with intellectual disability. (a) If, under K.S.A. 2021 Supp. 21-6617, and amendments thereto, the county or district attorney has filed a notice of intent to request a separate sentencing proceeding to determine whether the defendant should be sentenced to death and the defendant is convicted of the crime of capital murder, the defendant's counsel or the warden of the correctional institution or sheriff having custody of the defendant may request a determination by the court of whether the defendant is a person with intellectual disability. If the court determines that there is not sufficient reason to believe that the defendant is a person with intellectual disability, the court shall so find and the defendant shall be sentenced in accordance with K.S.A. 2021 Supp. 21-6617, 21-6619, 21-6624, 21-6625, 21-6628 and 21-6629, and amendments thereto. If the court determines that there is sufficient reason to believe that the defendant is a person with intellectual disability, the court shall conduct a hearing to determine whether the defendant is a person with intellectual disability.
(b) If a defendant is convicted of the crime of capital murder and a sentence of death is not imposed, or if a defendant is convicted of the crime of murder in the first degree based upon the finding of premeditated murder, the defendant's counsel or the warden of the correctional institution or sheriff having custody of the defendant may request a determination by the court of whether the defendant is a person with intellectual disability. If the court determines that there is not sufficient reason to believe that the defendant is a person with intellectual disability, the court shall so find and the defendant shall be sentenced in accordance with K.S.A. 2021 Supp. 21-6620, 21-6623, 21-6624 and 21-6625, and amendments thereto. If the court determines that there is sufficient reason to believe that the defendant is a person with intellectual disability, the court shall conduct a hearing to determine whether the defendant is a person with intellectual disability.
(c) At the hearing, the court shall determine whether the defendant is a person with intellectual disability. The court shall order a psychiatric or psychological examination of the defendant. For that purpose, the court shall appoint two licensed physicians or licensed psychologists, or one of each, qualified by training and practice to make such examination, to examine the defendant and report their findings in writing to the judge within 14 days after the order of examination is issued. The defendant shall have the right to present evidence and cross-examine any witnesses at the hearing. No statement made by the defendant in the course of any examination provided for by this section, whether or not the defendant consents to the examination, shall be admitted in evidence against the defendant in any criminal proceeding.
(d) If, at the conclusion of a hearing pursuant to subsection (a), the court determines that the defendant is not a person with intellectual disability, the defendant shall be sentenced in accordance with K.S.A. 2021 Supp. 21-6617, 21-6619, 21-6624, 21-6625, 21-6628 and 21-6629, and amendments thereto.
(e) If, at the conclusion of a hearing pursuant to subsection (b), the court determines that the defendant is not a person with intellectual disability, the defendant shall be sentenced in accordance with K.S.A. 2021 Supp. 21-6620, 21-6623, 21-6624 and 21-6625, and amendments thereto.
(f) If, at the conclusion of a hearing pursuant to this section, the court determines that the defendant is a person with intellectual disability, the court shall sentence the defendant as otherwise provided by law, and no sentence of death, life without the possibility of parole, or mandatory term of imprisonment pursuant to K.S.A. 2021 Supp. 21-6623, 21-6624 and 21-6625, and amendments thereto, shall be imposed hereunder.
(g) Unless otherwise ordered by the court for good cause shown, the provisions of subsection (b) shall not apply if it has been determined, pursuant to a hearing granted under the provisions of subsection (a), that the defendant is not a person with intellectual disability.
(h) As used in this section, "intellectual disability" means having significantly subaverage general intellectual functioning, as defined by K.S.A. 76-12b01, and amendments thereto, to an extent which substantially impairs one's capacity to appreciate the criminality of one's conduct or to conform one's conduct to the requirements of law.
History: L. 2010, ch. 136, § 262; L. 2011, ch. 30, § 71; L. 2012, ch. 91, § 16; L. 2017, ch. 92, § 2; July 1.

Structure Kansas Statutes

Kansas Statutes

Chapter 21 - Crimes And Punishments

Article 66 - Sentencing

21-6601 Construction.

21-6602 Classification of misdemeanors and terms of confinement; possible disposition.

21-6603 Definitions.

21-6604 Authorized dispositions; crimes committed on or after July 1, 1993.

21-6605 Custody of persons sentenced to confinement; notice of modification of sentence.

21-6606 Multiple sentences; defendant subject to or under sentence in federal court or court of another state.

21-6607 Conditions of probation or suspended sentence; correctional supervision fee; correctional supervision fund; searches; drug testing; written reports.

21-6608 Period of suspension of sentence, probation or assignment to community corrections; parole of misdemeanant; duration of probation in felony cases, modification or extension.

21-6609 House arrest program; eligibility; methods; notice to law enforcement officers; administration.

21-6610 Transfer of supervision of person paroled, on probation, assigned to community corrections or under suspended sentence; transfer of jurisdiction of a person sentenced to participate in a certified drug abuse treatment program.

21-6611 Fines; crimes committed on or after July 1, 1993.

21-6612 Criteria for imposing fines.

21-6613 Rights of imprisoned persons; restoration.

21-6614 Expungement of certain convictions, arrest records and diversion agreements; procedure; restoration of person's right to keep and bear arms.

21-6615 Deduction of time spent in confinement, residential facility, conservation camp or community correctional residential services program.

21-6616 Parole from sentence imposed by district magistrate judge.

21-6617 Persons convicted of capital murder; proceeding to determine if person shall be sentenced to death; notice; trial judge; jury; imprisonment for life without the possibility of parole.

21-6618 Same; sentencing.

21-6619 Same; automatic review by and appeal to supreme court.

21-6620 Sentencing of certain persons to mandatory minimum term of imprisonment of 25, 40 or 50 years or life without the possibility of parole; determination; evidence presented.

21-6621 Sentencing of certain persons to mandatory term of imprisonment of 40 years; juveniles prosecuted as adults.

21-6622 Sentencing for capital murder and mandatory terms of imprisonment; determination if defendant is a person with intellectual disability.

21-6623 Imposition of sentence of mandatory imprisonment of 40 or 50 years.

21-6624 Aggravating circumstances.

21-6625 Mitigating circumstances.

21-6626 Aggravated habitual sex offender; sentence to imprisonment for life without the possibility of parole.

21-6627 Mandatory term of imprisonment of 25 or 40 years for certain offenders; exceptions.

21-6628 Provisions of certain sentencing rules held unconstitutional; modification of sentence previously determined.

21-6629 Application of prior law and current law.

21-6630 Sentencing of certain veterans; mental health treatment; drug abuse treatment.