38-2350. Same; juvenile not mentally ill person.
38-2350
38-2350. Same; juvenile not mentally illperson.(a) If, after proceedings as required byK.S.A. 2009 Supp.38-2349, andamendments thereto,it is determined that a juvenile who has been found incompetent is not amentally ill person subject to involuntary commitment for care and treatment asdefined in subsection (f) of K.S.A. 59-2946, and amendments thereto, thejuvenile shall remain inthe institution where committed pursuant toK.S.A. 2009 Supp.38-2348, andamendments thereto. The secretary ofsocial and rehabilitation services shall promptly notify the court in which theproceedings arepending and the commissioner of the result of the proceedings. The court shallthen proceedpursuant to subsection (c).
(b) If a juvenile has been found to be a mentally ill person and committed toa statepsychiatric hospital for evaluation and treatment pursuant toK.S.A. 2009 Supp.38-2349, and amendments thereto,but thereafter is to be discharged because such juvenile is not a mentally illperson subject to involuntary commitment for care and treatment as defined insubsection (f) of K.S.A. 59-2946, and amendments thereto, the treatmentfacility shall promptlynotify the court in which the proceedings are pending that the juvenile is tobe discharged. The courtshall then proceed pursuant to subsection (c).
(c) Unless the court finds pursuant to subsection (c) ofK.S.A. 2009 Supp.38-2348, and amendments thereto,that the proceedings shall be resumed, within five days after receiving noticepursuant to subsection(a) or (b), the court shall order the juvenile to be discharged fromcommitment and shall dismiss thecharges without prejudice. The period of limitation for the prosecution for thecrime charged shallnot continue to run until the juvenile has been determined to have attainedcompetency pursuant tosubsection (e) ofK.S.A. 2009 Supp.38-2348, and amendments thereto.
History: L. 2006, ch. 169, § 50; Jan. 1, 2007.