22-3430. Commitment to certain institutions as a result of a K.S.A. 22-3429 examination, when; standards; costs; appeal by defendant; victim notification. (a) If the report of the examination authorized by K.S.A. 22-3429, and amendments thereto, shows that the defendant is in need of psychiatric care and treatment, that such treatment may materially aid in the defendant's rehabilitation and that the defendant and society are not likely to be endangered by permitting the defendant to receive such psychiatric care and treatment, in lieu of confinement or imprisonment, the trial judge shall have power to commit such defendant to: (1) The state security hospital or any county institution provided for the reception, care, treatment and maintenance of mentally ill persons, if the defendant is convicted of a felony; or (2) any state or county institution provided for the reception, care, treatment and maintenance of mentally ill persons, if the defendant is convicted of a misdemeanor. The court may direct that the defendant be detained in such hospital or institution until further order of the court or until the defendant is discharged under K.S.A. 22-3431, and amendments thereto. The county or district attorney shall notify any victims of the outcome of the hearing. No period of detention under this section shall exceed the maximum term provided by law for the crime of which the defendant has been convicted. The cost of care and treatment provided by a state institution shall be assessed in accordance with K.S.A. 59-2006, and amendments thereto.
(b) No defendant committed to the state security hospital pursuant to this section upon conviction of a felony shall be transferred or released from such hospital except on recommendation of the staff of such hospital.
(c) The defendant may appeal from any order of commitment made pursuant to this section in the same manner and with like effect as if sentence to a jail, or to the custody of the secretary of corrections had been imposed.
History: L. 1970, ch. 129, § 22-3430; L. 1992, ch. 309, § 5; L. 1993, ch. 247, § 4; L. 2010, ch. 61, § 6; L. 2014, ch. 5, § 5; July 1.
Structure Kansas Statutes
Chapter 22 - Criminal Procedure
Article 34 - Trials And Incidents Thereto
22-3403 Method of trial of felony cases.
22-3404 Misdemeanor, cigarette or tobacco infraction and traffic infraction case; method of trial.
22-3405 Presence of defendant.
22-3406 Time to prepare for trial.
22-3407 Motion to discharge jury panel.
22-3409 Summoning jurors in misdemeanor case.
22-3411a Felony trials; number of jurors.
22-3412 Jury selection; peremptory challenges; swearing of jury; alternate or additional jurors.
22-3413 Juror's knowledge of material fact.
22-3415 Laws applicable to witnesses; immunity from prosecution or punishment.
22-3417 Objections to rulings.
22-3418 View of place of crime.
22-3419 Motion for judgment of acquittal.
22-3420 Conduct of jury after submission.
22-3424 Judgment and sentence; restitution; duties of court.
22-3425 Commitment for failure to pay fine and costs.
22-3426 Record of judgment; form and content of journal entry.
22-3426a Revocation of probation; form and content of journal entry.
22-3427 Execution of sentence.
22-3428b Same; violation of conditions of release; return to custody.
22-3432 Information for secretary of corrections concerning person convicted.
22-3436 Prosecuting attorney; information to victims; right to be present at certain hearings.