Mental examination, evaluation and report after conviction and prior to sentence; limit on commitment

22-3429. Mental examination, evaluation and report after conviction and prior to sentence; limit on commitment. After conviction and prior to sentence and as part of the presentence investigation authorized by K.S.A. 21-6703, and amendments thereto, or for crimes committed on or after July 1, 1993, a presentence investigation report as provided in K.S.A. 21-6813, and amendments thereto, the trial judge may order the defendant committed to the state security hospital for mental examination, evaluation and report. A report of the examination and evaluation shall be furnished by the chief medical officer to the judge and shall be made available to the prosecuting attorney and counsel for the defendant. A defendant may not be detained for more than 120 days under a commitment made under this section. History: L. 1970, ch. 129, § 22-3429; L. 1992, ch. 309, § 4; L. 1993, ch. 291, § 195; L. 1994, ch. 291, § 63; L. 2011, ch. 30, § 130; L. 2022, ch. 76, § 11; July 1. Source or Prior Law: 62-1534, 62-1535, 62-1538, 62-1539. Cross References to Related Sections: Costs of commitment, see 22-3805. Law Review and Bar Journal References: "Criminal Responsibility: Changes in the Insanity Defense and the 'Guilty But Mentally Ill' Response," Kenneth Slowinski, 21 W.L.J. 515, 553 (1982). "Farewell to Insanity—A Return to Mens Rea," Raymond L. Spring, 66 J.K.B.A. No. 4, 38 (1997). CASE ANNOTATIONS 1. Mentioned; evaluation of defendant from reception and diagnostic center not newly discovered evidence entitling defendant to new trial. State v. Lora, 213 Kan. 184, 194, 515 P.2d 1086. 2. Mentioned in holding that a defendant is to be considered convicted of a crime even though not yet sentenced. State v. Holmes, 222 Kan. 212, 214, 563 P.2d 480. 3. Despite K.S.A. 22-3424(3), deferred sentencing sanctioned by this section and K.S.A. 22-3430. State v. Smith, 3 Kan. App. 2d 179, 180, 591 P.2d 1098. 4. Mentioned in holding appeal not timely filed. State v. Moses, 227 Kan. 400, 401, 607 P.2d 477. 5. No error in using reports on insanity defense (K.S.A. 22-3219) in lieu of commitment report. State v. Adkins, 236 Kan. 259, 261, 689 P.2d 880 (1984). 6. Section applies only to convicted defendants who have yet to be sentenced. State v. Zimmer, 19 Kan. App. 2d 617, 619, 873 P.2d 1381 (1994). 7. The district court did not abuse its discretion in determining that the defendant was not mentally retarded and ordering him to prison. State v. Maestas, 298 Kan. 765, 316 P.3d 724 (2014). 8. Statute imposes no affirmative duty for courts to raise the issue of whether to order a mental examination sua sponte. State v. Hilyard, 316 Kan. 326, 345, 515 P.3d 267 (2022). Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026