22-3302. Proceedings to determine competency.
22-3302
22-3302. Proceedings to determine competency.(1) At any time after the defendant has been charged with a crime andbefore pronouncement of sentence, the defendant, the defendant's counsel orthe prosecuting attorney may request a determination of the defendant'scompetency to stand trial. If, upon the request of either party or uponthe judge's own knowledge and observation, the judge before whom the caseis pending finds that there is reason to believe that the defendant isincompetent to stand trial the proceedings shall be suspended and a hearingconducted to determine the competency of the defendant.
(2) If the defendant is charged with a felony, the hearing to determinethe competency of the defendant shall be conducted by a district judge.
(3) The court shall determine the issue of competency and may impanel a juryofsix persons to assist in making the determination. The court may order apsychiatric or psychological examination of the defendant. To facilitatethe examination, the court may: (a) If the defendant is charged with afelony, commit the defendant to the state security hospital or any county orprivate institution for examination and report to the court, or, if thedefendant is charged with a misdemeanor, commit thedefendant to any appropriatestate, county or private institution for examination and report to thecourt, except that the court shall not commit the defendant to thestate security hospital or any other stateinstitution unless, prior to such commitment, the director of a localcounty or private institution recommends to the court and to the secretaryof social and rehabilitation services that examination of the defendantshould be performed at a state institution; (b) designate any appropriatepsychiatric or psychological clinic, mental health center or otherpsychiatric or psychological facility to conduct the examination while thedefendant is in jail or on pretrial release; or (c) appoint two qualifiedlicensed physicians or licensed psychologists, or one ofeach, to examine the defendant and report to the court. If the courtcommits the defendant to an institution for the examination, the commitmentshall be for not more than 60 days or until the examination is completed,whichever is the shorter period of time. No statement made by the defendantin the course of any examination provided for by this section, whether ornot the defendant consents to the examination, shall be admitted inevidence against the defendant in any criminal proceeding. Uponnotification of the court that a defendantcommitted for psychiatric or psychological examination under thissubsection has been found competent to stand trial, the court shall orderthat the defendant be returned not later than five days after receipt ofthe notice for proceedings under this section. If the defendant is notreturned within that time, the county in which the proceedings will be heldshall pay the costs of maintaining the defendant at the institution orfacility for the period of time the defendant remains at the institution orfacility in excess of the five-day period.
(4) If the defendant is found to be competent, the proceedings whichhave been suspended shall be resumed. If the proceedings were suspendedbefore or during the preliminary examination, the judge who conductedthe competency hearing may conduct a preliminary examination or, if a districtmagistrate judge was conducting the proceedings prior to the competencyhearing, the judge who conducted the competency hearing may order thepreliminary examination to be heard by a district magistrate judge.
(5) If the defendant is found to be incompetent to stand trial, thecourt shall proceed in accordance with K.S.A. 22-3303 and amendments thereto.
(6) If proceedings are suspended and a hearing to determine thedefendant's competency is ordered after the defendant is in jeopardy,the court may either order a recess or declare a mistrial.
(7) The defendant shall be present personally at all proceedingsunder this section.
History: L. 1970, ch. 129, § 22-3302; L. 1971, ch. 114, § 6;L. 1976, ch. 163, § 17; L. 1977, ch. 121, § 1; L. 1982, ch. 148, §1; L. 1984, ch. 128, § 1;L. 1986, ch. 115, § 64; L. 1986, ch. 299, § 2; L. 1986, ch. 133, § 2;L. 1992, ch. 309, § 1; July 1.