59-2965. Trial upon the petition; procedure.
59-2965
59-2965. Trial upon the petition;procedure.(a) Trial upon the petition shall be held atthe time and place specified in the court's order issued pursuantto subsection (a) ofK.S.A. 59-2960 and amendments thereto unless acontinuanceas provided inK.S.A. 59-2960 or 59-2964 and amendmentsthereto, has been granted. The hearing shall be held to thecourt only, unless the proposed patient, at least 4 days prior tothe time set for the hearing, demands, in writing, a jury trial.
(b) The jury, if one is demanded, shall consist of 6persons. The jury panel shall be selected as provided by law.Notwithstanding the provision within K.S.A. 43-166 otherwise, apanel of prospective jurors may be assembled by the clerk uponless than 20 days notice in this circumstance. From such panel12 qualified jurors, who have been passed for cause, shall beempaneled. Prior service as a juror in any court shall notexempt, for that reason alone, any person from jury servicehereunder. From the panel so obtained, the proposed patient orthe proposed patient's attorney shall strike one name; then thepetitioner, or the petitioner's attorney, shall strike one name;and so on alternatively until each has stricken 3 names so as toreach the jury of 6 persons. During this process, if eitherparty neglects or refuses to aid in striking the names, the courtshall strike a name on behalf of such party.
(c) The proposed patient shall be present at the hearingunless the attorney for the proposed patient requests that theproposed patient's presence be waived and the court finds theperson's presence at the hearing would be injurious to theirwelfare. The court shall enter in the record of the proceedingsthe facts upon which the court has found that the presence of theproposed patient at the hearing would be injurious to theirwelfare. However, if the proposed patient states in writing tothe court or such person's attorney that such patient wishes to bepresent at the hearing, the person's presence cannot be waived.The petitioner and the proposed patient shall be afforded anopportunity to appear at the hearing, to testify, and to presentand cross-examine witnesses. All persons not necessary for theconduct of the proceedings may be excluded. The hearings shallbe conducted in as informal a manner as may be consistent withorderly procedure and in a physical setting not likely to have aharmful effect on the welfare of the proposed patient. The courtshall receive all relevant and material evidence which may beoffered, including the testimony or written findings andrecommendations of the examiner who evaluated the proposedpatient pursuant to the court's order issued underK.S.A. 59-2961and amendments thereto. Such evidence shall not be privileged for the purposeof this hearing.
(d) The rules governing evidentiary and procedural mattersat hearings under this section shall be applied in a manner so asto facilitate informal, efficient presentation of all relevant,probative evidence and resolution of issues with due regard tothe interests of all parties.
(e) If the petitioner is not represented by counsel, thecounty or district attorney shall represent the petitioner,prepare all necessary papers, appear at the hearing and presentsuch evidence as the county or district attorney shall determineto be of aid to the court in determining whether or not theproposed patient is a mentally ill person subject to involuntarycommitment for care and treatment under this act.
History: L. 1996, ch. 167, § 21; Apr. 18.