Kansas Statutes
Article 66 - Sentencing
21-6630 Sentencing of certain veterans; mental health treatment; drug abuse treatment.

21-6630. Sentencing of certain veterans; mental health treatment; drug abuse treatment. (a) Upon motion of the defendant at the time of conviction or prior to sentencing, a defendant convicted of a criminal offense may assert that such defendant committed such offense as a result of an injury, including major depressive disorder, polytrauma, post-traumatic stress disorder or traumatic brain injury, connected to service in a combat zone in the armed forces of the United States of America. The court shall hold a hearing to determine whether the defendant:
(1) Has served in the armed forces of the United States of America in a combat zone, as defined in section 112 of the federal internal revenue code of 1986. Proof of such service shall consist of a certification by the executive director of the Kansas commission on veterans affairs in accordance with K.S.A. 73-1209, and amendments thereto;
(2) suffers from injury; and
(3) such injury was connected to service in a combat zone in the armed forces of the United States of America.
(b) (1) Except as provided in subsection (b)(2), if the court determines that such defendant meets the criteria provided in subsection (a) and such defendant's current crime of conviction and criminal history fall within a presumptive nonprison category under the sentencing guidelines, the court may order such defendant to undergo inpatient or outpatient treatment from any treatment facility or program operated by the United States department of defense, the United States department of veterans affairs or the Kansas national guard, if the defendant is eligible for and consents to such treatment.
(2) If the court determines that such defendant meets the criteria provided in subsection (a), such defendant is ineligible for treatment pursuant to subsection (b)(1) and such defendant meets the requirements established in K.S.A. 2021 Supp. 21-6824, and amendments thereto, the provisions of K.S.A. 2021 Supp. 21-6824, and amendments thereto, shall apply.
(c) Nothing in this section shall be construed to limit the court's authority to:
(1) Order any other sanction pursuant to K.S.A. 2021 Supp. 21-6602 or 21-6604, and amendments thereto;
(2) order a mental examination pursuant to K.S.A. 22-3429, and amendments thereto;
(3) order commitment pursuant to K.S.A. 22-3430 et seq., and amendments thereto; or
(4) determine that a person is a mentally ill person subject to involuntary commitment for care and treatment as defined in K.S.A. 59-2946, and amendments thereto.
(d) As used in this section:
(1) "Major depressive disorder" and "post-traumatic stress disorder" mean the same as such terms are defined in the diagnostic and statistical manual of mental disorders, fifth edition (DSM-5, 2013), of the American psychiatric association and that occurred as a result of events during the defendant's service in one or more combat zones.
(2) "Polytrauma" means injury to multiple body parts and organ systems that occurred as a result of events during the defendant's service in one or more combat zones.
(3) "Traumatic brain injury" means injury to the brain caused by physical trauma that occurred as a result of events during the defendant's service in one or more combat zones.
(e) This section shall be a part of and supplemental to the Kansas criminal code.
History: L. 2014, ch. 95, § 1; L. 2015, ch. 76, § 6; 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.