22-3305. Procedure when defendant not civilly committed or to be discharged; order of discharge; request for hearing on competency; charges dismissed; statute of limitations not to run.
22-3305
22-3305. Procedure when defendant not civilly committed or to bedischarged; order of discharge; request for hearing on competency; chargesdismissed; statute of limitations not to run.(1) Whenever involuntary commitment proceedings have been commenced bythe secretary of social and rehabilitation services as required byK.S.A. 22-3303 and amendments thereto, and the defendant is not committed to atreatment facility as a patient, the defendant shall remain in theinstitution where committed pursuant to K.S.A. 22-3303 and amendments thereto,and the secretary shall promptly notify the court and the county or districtattorney of the county in which the criminal proceedings are pending of theresult of the involuntary commitmentproceeding.
(2) Whenever involuntary commitment proceedings have been commencedby the secretary of social and rehabilitation services as required byK.S.A. 22-3303 and amendments thereto, and the defendant is committed to a treatmentfacility as a patient but thereafter is to be discharged pursuant to thecare and treatment act for mentally ill persons, thedefendant shall remain in the institution wherecommitted pursuant to K.S.A. 22-3303 and amendments thereto, and the head ofthe treatment facility shall promptly notify the court and the county ordistrict attorney of the county in which the criminalproceedings are pending that the defendant is to be discharged.
When giving notification to the court andthe county or district attorney pursuant to subsection (1) or (2), thetreatment facility shall include in such notification an opinion from thehead of the treatment facility as to whether or not the defendant is nowcompetent to stand trial. Upon request of the county or district attorney,the court may set a hearing on the issue of whether or not the defendanthas been restored to competency. If no such request is made within 10 daysafter receipt of notice pursuant to subsection (1) or (2), the courtshall order the defendant to bedischarged from commitment and shall dismiss without prejudice thecharges against the defendant, and the period of limitation for theprosecution for the crime charged shall not continue to run until thedefendant has been determined to have attained competency in accordancewith K.S.A. 22-3302 and amendments thereto.
History: L. 1977, ch. 121, § 3;L. 1987, ch. 116, § 1;L. 1996, ch. 167, § 44; Apr. 18.