22-3431. Commitment to certain institutions as a result of mental examination and report after conviction and prior to sentence; disposition upon completion of treatment; notice and hearing; victim notification. (a) Whenever it appears to the chief medical officer of the institution to which a defendant has been committed under K.S.A. 22-3430, and amendments thereto, that the defendant will not be improved by further detention in such institution, the chief medical officer shall give written notice thereof to the district court where the defendant was convicted. Such notice shall include, but not be limited to: (1) Identification of the patient; (2) the course of treatment; (3) a current assessment of the defendant's psychiatric condition; (4) recommendations for future treatment, if any; and (5) recommendations regarding discharge, if any.
(b) Upon receiving such notice, the district court shall order that a hearing be held. The court shall give notice of the hearing to: (1) The state hospital or state security hospital where the defendant is under commitment; (2) the district or county attorney of the county from which the defendant was originally committed; (3) the defendant; and (4) the defendant's attorney. The county or district attorney shall provide victim notification. The court shall inform the defendant that such defendant is entitled to counsel and that counsel will be appointed to represent the defendant if the defendant is not financially able to employ an attorney as provided in K.S.A. 22-4503 et seq., and amendments thereto. The hearing shall be held within 30 days after the receipt by the court of the chief medical officer's notice.
(c) At the hearing, the defendant shall be sentenced, committed, granted probation, assigned to a community correctional services program, as provided by K.S.A. 75-5291, and amendments thereto, or discharged as the court deems best under the circumstance. The county or district attorney shall notify any victims of the outcome of the hearing. The time spent in a state or local institution pursuant to a commitment under K.S.A. 22-3430, and amendments thereto, shall be credited against any sentence, confinement or imprisonment imposed on the defendant.
History: L. 1970, ch. 129, § 22-3431; L. 1971, ch. 114, § 8; L. 1986, ch. 123, § 22; L. 1993, ch. 247, § 5; L. 2000, ch. 182, § 7; L. 2010, ch. 61, § 7; L. 2014, ch. 5, § 6; 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.