22-3303. Commitment of incompetent; limitation; civil commitment proceedings; regained competency; credit for time committed.
22-3303
22-3303. Commitment of incompetent; limitation;civil commitment proceedings; regained competency; credit for timecommitted.(1) A defendant who is charged with a felony and is found to be incompetentto stand trial shall be committed for evaluation and treatment to the statesecurity hospital or any appropriate county or private institution. A defendantwho is charged with a misdemeanor and is found to be incompetent to standtrial shall becommitted for evaluation and treatment to any appropriate state, countyor private institution. Any such commitment shall be for a period of not toexceed 90 days.Within 90 days after the defendant's commitment tosuchinstitution, the chief medical officer of such institution shall certifyto the court whether the defendant has a substantial probability ofattaining competency to stand trial in the foreseeable future. If suchprobability does exist, the court shall order the defendant to remain inan appropriate state, county or private institution until the defendantattains competency to stand trial or for a period of six months fromthe date of the original commitment, whichever occurs first. If suchprobability does not exist, the court shall order the secretary ofsocial and rehabilitation services to commence involuntary commitmentproceedings pursuant to article 29 of chapter 59 of the Kansas StatutesAnnotated, and any amendments thereto. When a defendant is charged with anyoff-grid felony, any nondrug severitylevel 1 through 3 felony, or a violation of K.S.A. 21-3504, 21-3511, 21-3518,21-3603 or 21-3719, and amendments thereto, and commitment proceedings havecommenced, for such proceeding, "mentally ill person subject to involuntarycommitmentfor care and treatment" means a mentally ill person, as defined in subsection(e) of K.S.A. 59-2946, and amendments thereto, who is likely tocause harm to self and others, as defined in subsection (f)(3) of K.S.A. 59-2946, and amendments thereto. The other provisions ofsubsection (f)of K.S.A. 59-2946, and amendments thereto, shall not apply.
(2) If a defendant who was found to have had a substantialprobability of attaining competency to stand trial, as provided insubsection (1), has not attained competency to standtrial within six months from the date of the original commitment,the court shall order the secretary of social and rehabilitationservices to commence involuntary commitment proceedings pursuant toarticle 29 of chapter 59 of the Kansas Statutes Annotated, and anyamendments thereto. When a defendant is charged with any off-grid felony,any nondrug severity level 1 through 3 felony, or a violation of K.S.A.21-3504, 21-3511, 21-3518, 21-3603 or 21-3719, and amendments thereto, andcommitment proceedings have commenced, for such proceeding, "mentally illperson subject to involuntary commitmentfor care and treatment" means a mentally ill person, as defined in subsection(e) of K.S.A. 59-2946, and amendments thereto, who is likely tocause harm to self and others, as defined in subsection (f)(3) of K.S.A. 59-2946, and amendments thereto. The other provisions of subsection (f)of K.S.A. 59-2946, and amendments thereto, shall not apply.
(3) When reasonable grounds exist to believe that a defendant whohas been adjudged incompetent to stand trial is competent, the court inwhich the criminal case is pending shall conduct a hearing in accordancewith K.S.A. 22-3302 and amendments thereto to determine the person'spresent mentalcondition. Reasonable notice of such hearings shall be given to theprosecuting attorney, the defendant and the defendant's attorney ofrecord, if any. If the court, following such hearing, finds thedefendant to be competent, the proceedings pending against the defendantshall be resumed.
(4) A defendant committed to a public institution under theprovisions of this section who is thereafter sentenced for the crimecharged at the time of commitment may be credited with all or any partof the time during which the defendant was committed and confined insuch public institution.
History: L. 1970, ch. 129, § 22-3303; L. 1977, ch. 121, § 2;L. 1992, ch. 309, § 2;L. 2001, ch. 208, § 8; July 1.