Commitment to certain institutions as a result of mental examination and report after conviction and prior to sentence; disposition upon completion of treatment; notice and hearing; victim notification.

22-3431. Commitment to certain institutions as a result of mental examination and report after conviction and prior to sentence; disposition upon completion of treatment; notice and hearing; victim notification. (a) Whenever it appears to the chief medical officer of the institution to which a defendant has been committed under K.S.A. 22-3430, and amendments thereto, that the defendant will not be improved by further detention in such institution, the chief medical officer shall give written notice thereof to the district court where the defendant was convicted. Such notice shall include, but not be limited to: (1) Identification of the patient; (2) the course of treatment; (3) a current assessment of the defendant's psychiatric condition; (4) recommendations for future treatment, if any; and (5) recommendations regarding discharge, if any. (b) Upon receiving such notice, the district court shall order that a hearing be held. The court shall give notice of the hearing to: (1) The state hospital or state security hospital where the defendant is under commitment; (2) the district or county attorney of the county from which the defendant was originally committed; (3) the defendant; and (4) the defendant's attorney. The county or district attorney shall provide victim notification. The court shall inform the defendant that such defendant is entitled to counsel and that counsel will be appointed to represent the defendant if the defendant is not financially able to employ an attorney as provided in K.S.A. 22-4503 et seq., and amendments thereto. The hearing shall be held within 30 days after the receipt by the court of the chief medical officer's notice. (c) At the hearing, the defendant shall be sentenced, committed, granted probation, assigned to a community correctional services program, as provided by K.S.A. 75-5291, and amendments thereto, or discharged as the court deems best under the circumstance. The county or district attorney shall notify any victims of the outcome of the hearing. The time spent in a state or local institution pursuant to a commitment under K.S.A. 22-3430, and amendments thereto, shall be credited against any sentence, confinement or imprisonment imposed on the defendant. History: L. 1970, ch. 129, § 22-3431; L. 1971, ch. 114, § 8; L. 1986, ch. 123, § 22; L. 1993, ch. 247, § 5; L. 2000, ch. 182, § 7; L. 2010, ch. 61, § 7; L. 2014, ch. 5, § 6; July 1. Source or Prior Law: 62-1537. CASE ANNOTATIONS 1. Referred to in determining appeal from aggravated robbery conviction not filed within statutory time. State v. Smith, 223 Kan. 47, 48, 573 P.2d 985. 2. Court retains jurisdiction over defendant and may direct return of defendant for other disposition if not amenable to treatment. State v. Smith, 3 Kan. App. 2d 179, 180, 181, 591 P.2d 1098. 3. Cited; jail time credit (K.S.A. 21-4614) while in community corrections facility on probation, authority to commit discussed. State v. Fowler, 238 Kan. 326, 338, 710 P.2d 1268 (1985). 4. No abuse of discretion by trial court in sentencing defendant rather than continuing commitment to state hospital. State v. Harkness, 252 Kan. 510, 518, 519, 520, 847 P.2d 1191 (1993). 5. K.S.A. 22-3429 applies only to convicted defendants who have yet to be sentenced. State v. Zimmer, 19 Kan. App. 2d 617, 618, 873 P.2d 1381 (1994). 6. For person committed for evaluation pursuant to K.S.A. 22-3430, sentencing provisions hereof apply and upward and downward departure provisions of K.S.A. 21-4716 do not apply. State v. Hildebrandt, 270 Kan. 1, 12 P.3d 1171 (2000). 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