22-4006. Procedure to determine sanity of convict.
22-4006
22-4006. Procedure to determine sanity ofconvict.(a) At any time prior to execution, a convict under sentenceof death,such convict's counsel or the warden of the correctional institution orsheriff havingcustody of such convict mayrequest a determination of the convict's sanity bya district judge of the judicial district in which such convict wastried and sentenced. If thedistrict judge determines that there is not sufficient reason to believe thatthe convict is insane, the judge shallso find and refuse to suspend the executionof such convict. If the district judgedetermines that there is sufficient reasonto believe that the convict is insane, the judge shall suspend theexecution and conduct a hearing to determine the sanity of the convict.
(b) At the hearing, the district judge shall determine the issue ofthe convict's sanity. The judgeshall order a psychiatric or psychologicalexamination of the convict. For that purpose, the court shall appoint twolicensed physicians or licensed psychologists, or one of each, qualified bytraining and practice to make such examination, toexamine the convict and report their findings in writing to the judge within 10 daysafter the order of examination is issued.The convict shall have the right topresent evidence and cross-examine any witnesses at the hearing.No statement made by the convict in the course of any examinationprovided for by this section, whether or not the convict consents to theexamination, shall be admitted in evidence against the convict in anycriminal proceeding.
(c) If, at the conclusion of a hearing pursuant to this section, thejudge determines that the convict is sane, the judge shall enter an orderrecording the determination.A copy of the order shall be delivered to the clerk ofthe supreme court and to the secretary of corrections. Upon receipt ofthe order, the supreme court shall issue to the secretary ofcorrections a warrant under seal of the supreme court, commanding the secretaryor a warden designated pursuant to K.S.A. 22-4001, and amendments thereto, toproceed to carry out the sentence of execution during the week designated bythe supreme court. A copy of the warrant shall be delivered to the secretary ofcorrections and the clerk of the district court.
(d) If, at the conclusion of a hearing pursuant to this section, thejudge determines that the convict is insane, the judge shall suspendthe execution until further order. The judge shall enter an orderrecording the determination. A copy of the order shall be delivered to theclerk of the supreme court and the secretary of corrections. Upon receipt ofthe order, the supreme court shall issue to the secretary ofcorrections a warrant under seal of the supreme court suspending the sentence.A copy of the warrant shall be delivered to the secretary of corrections andthe clerk of the district court. Any time thereafter when the judge hassufficient reason to believe that the convict has become sane, the judgeagain shall determine the sanity of the convict as providedby thissection. Proceedings pursuant to this section may continue to be held at suchtimes asthe districtjudge orders until it is determined either that suchconvict issane or incurably insane.
History: L. 1970, ch. 129, § 22-4006; L. 1976, ch. 145, § 108;L. 1978, ch. 349, § 3;L. 1990, ch. 309, § 25;L. 1994, ch. 252, § 17;L. 1999, ch. 164, § 23; July 1.