PART III.--CLASSIFICATION OF CRIMES AND SENTENCING
Article 46.--SENTENCING
21-4634.Same; persons determined to be mentally retarded.(a) If a defendant is convicted of the crime of capital murderand a sentence of death is not imposed, or if a defendant is convicted of thecrime of murder in the first degree based upon the findingof premeditated murder, the defendant's counsel orthe director of the correctional institution or sheriff having custody ofthe defendant may request a determination by the court of whether thedefendant is mentally retarded. If the court determines that there is notsufficient reason to believe that the defendant is mentally retarded, thecourt shall so find and the defendant shall be sentenced in accordance withK.S.A. 21-4635 through 21-4638. If the courtdetermines that there is sufficientreason to believe that the defendant is mentally retarded, the court shallconduct a hearing to determine whether the defendant is mentally retarded.
(b) At the hearing, the court shall determine whether the defendant ismentally retarded. The court shall order a psychiatric or psychologicalexamination of the defendant. For that purpose, the court shall appoint twolicensed physicians or licensed psychologists, or one of each, qualified bytraining and practice to make such examination, to examine the defendantand report their findings in writing to the judge within 10 days after theorder of examination is issued.The defendant shall have the right to present evidence and cross-examineany witnesses at the hearing. No statement made by the defendant in thecourse of any examination provided for by this section, whether or not thedefendant consents to the examination, shall be admitted in evidenceagainst the defendant in any criminal proceeding.
(c) If, at the conclusion of a hearing pursuant to this section, thecourt determines that the defendant is not mentally retarded, the defendantshall be sentenced in accordance with K.S.A. 21-4635 through21-4638.
(d) If, at the conclusion of a hearing pursuant to this section, thecourt determines that the defendant is mentally retarded, the court shallsentence the defendant as otherwise provided by law, and no mandatory termof imprisonment shall be imposed hereunder.
(e) Unless otherwise ordered by the court for good cause shown, theprovisions of this section shall not apply if it has been determined, pursuantto K.S.A. 21-4623 and amendments thereto, that the defendant is notmentally retarded.
(f) As used in this section, "mentally retarded" means havingsignificantly subaverage general intellectual functioning, as defined byK.S.A. 76-12b01 and amendments thereto, to an extent which substantiallyimpairs one's capacityto appreciate the criminality of one's conduct or to conform one's conductto the requirements of law.
PART III.--CLASSIFICATION OF CRIMES AND SENTENCING
Article 46.--SENTENCING
21-4634.Same; persons determined to be mentally retarded.(a) If a defendant is convicted of the crime of capital murderand a sentence of death is not imposed, or if a defendant is convicted of thecrime of murder in the first degree based upon the findingof premeditated murder, the defendant's counsel orthe director of the correctional institution or sheriff having custody ofthe defendant may request a determination by the court of whether thedefendant is mentally retarded. If the court determines that there is notsufficient reason to believe that the defendant is mentally retarded, thecourt shall so find and the defendant shall be sentenced in accordance withK.S.A. 21-4635 through 21-4638. If the courtdetermines that there is sufficientreason to believe that the defendant is mentally retarded, the court shallconduct a hearing to determine whether the defendant is mentally retarded.
(b) At the hearing, the court shall determine whether the defendant ismentally retarded. The court shall order a psychiatric or psychologicalexamination of the defendant. For that purpose, the court shall appoint twolicensed physicians or licensed psychologists, or one of each, qualified bytraining and practice to make such examination, to examine the defendantand report their findings in writing to the judge within 10 days after theorder of examination is issued.The defendant shall have the right to present evidence and cross-examineany witnesses at the hearing. No statement made by the defendant in thecourse of any examination provided for by this section, whether or not thedefendant consents to the examination, shall be admitted in evidenceagainst the defendant in any criminal proceeding.
(c) If, at the conclusion of a hearing pursuant to this section, thecourt determines that the defendant is not mentally retarded, the defendantshall be sentenced in accordance with K.S.A. 21-4635 through21-4638.
(d) If, at the conclusion of a hearing pursuant to this section, thecourt determines that the defendant is mentally retarded, the court shallsentence the defendant as otherwise provided by law, and no mandatory termof imprisonment shall be imposed hereunder.
(e) Unless otherwise ordered by the court for good cause shown, theprovisions of this section shall not apply if it has been determined, pursuantto K.S.A. 21-4623 and amendments thereto, that the defendant is notmentally retarded.
(f) As used in this section, "mentally retarded" means havingsignificantly subaverage general intellectual functioning, as defined byK.S.A. 76-12b01 and amendments thereto, to an extent which substantiallyimpairs one's capacityto appreciate the criminality of one's conduct or to conform one's conductto the requirements of law.
PART III.--CLASSIFICATION OF CRIMES AND SENTENCING
Article 46.--SENTENCING
21-4634.Same; persons determined to be mentally retarded.(a) If a defendant is convicted of the crime of capital murderand a sentence of death is not imposed, or if a defendant is convicted of thecrime of murder in the first degree based upon the findingof premeditated murder, the defendant's counsel orthe director of the correctional institution or sheriff having custody ofthe defendant may request a determination by the court of whether thedefendant is mentally retarded. If the court determines that there is notsufficient reason to believe that the defendant is mentally retarded, thecourt shall so find and the defendant shall be sentenced in accordance withK.S.A. 21-4635 through 21-4638. If the courtdetermines that there is sufficientreason to believe that the defendant is mentally retarded, the court shallconduct a hearing to determine whether the defendant is mentally retarded.
(b) At the hearing, the court shall determine whether the defendant ismentally retarded. The court shall order a psychiatric or psychologicalexamination of the defendant. For that purpose, the court shall appoint twolicensed physicians or licensed psychologists, or one of each, qualified bytraining and practice to make such examination, to examine the defendantand report their findings in writing to the judge within 10 days after theorder of examination is issued.The defendant shall have the right to present evidence and cross-examineany witnesses at the hearing. No statement made by the defendant in thecourse of any examination provided for by this section, whether or not thedefendant consents to the examination, shall be admitted in evidenceagainst the defendant in any criminal proceeding.
(c) If, at the conclusion of a hearing pursuant to this section, thecourt determines that the defendant is not mentally retarded, the defendantshall be sentenced in accordance with K.S.A. 21-4635 through21-4638.
(d) If, at the conclusion of a hearing pursuant to this section, thecourt determines that the defendant is mentally retarded, the court shallsentence the defendant as otherwise provided by law, and no mandatory termof imprisonment shall be imposed hereunder.
(e) Unless otherwise ordered by the court for good cause shown, theprovisions of this section shall not apply if it has been determined, pursuantto K.S.A. 21-4623 and amendments thereto, that the defendant is notmentally retarded.
(f) As used in this section, "mentally retarded" means havingsignificantly subaverage general intellectual functioning, as defined byK.S.A. 76-12b01 and amendments thereto, to an extent which substantiallyimpairs one's capacityto appreciate the criminality of one's conduct or to conform one's conductto the requirements of law.
