22-3431.Commitment to certain institutions as aresult of mental examination and report after conviction and prior to sentence;disposition upon completion of treatment; notice andhearing.(a) Whenever it appears to the chief medical officer of the institution towhich a defendant has been committed under K.S.A. 22-3430 and amendmentsthereto, that the defendant will not be improved by further detention in suchinstitution, the chief medical officer shall give written notice thereof to thedistrict court where the defendant was convicted. Such notice shall include,but not be limited to: (1) Identification of the patient; (2) the course oftreatment; (3) a current assessment of the defendant's psychiatric condition;(4) recommendations for future treatment, if any; and (5) recommendationsregarding discharge, if any.
(b) Upon receiving such notice, the district court shall order that a hearingbe held. The court shall give notice of the hearing to: (1) The state hospitalor state security hospital where the defendant is under commitment; (2) thedistrict or county attorney of the county from which the defendant wasoriginally committed; (3) the defendant; and (4) the defendant's attorney. Thecourt shall inform the defendant that such defendant is entitled to counsel andthat counsel will be appointed to represent the defendant if the defendant isnot financially able to employ an attorney as provided in K.S.A. 22-4503 etseq. and amendments thereto. The hearing shall be held within 30 days after thereceipt by the court of the chief medical officer's notice.
(c) At the hearing, the defendant shall be sentenced, committed, grantedprobation, assigned to a community correctional services program, asprovided by K.S.A. 75-5291 and amendments thereto, or discharged as thecourt deems best under the circumstance. The time spent in a state or localinstitution pursuant to a commitment under K.S.A. 22-3430 and amendmentsthereto shall be credited against any sentence, confinement or imprisonmentimposed on the defendant.
22-3431.Commitment to certain institutions as aresult of mental examination and report after conviction and prior to sentence;disposition upon completion of treatment; notice andhearing.(a) Whenever it appears to the chief medical officer of the institution towhich a defendant has been committed under K.S.A. 22-3430 and amendmentsthereto, that the defendant will not be improved by further detention in suchinstitution, the chief medical officer shall give written notice thereof to thedistrict court where the defendant was convicted. Such notice shall include,but not be limited to: (1) Identification of the patient; (2) the course oftreatment; (3) a current assessment of the defendant's psychiatric condition;(4) recommendations for future treatment, if any; and (5) recommendationsregarding discharge, if any.
(b) Upon receiving such notice, the district court shall order that a hearingbe held. The court shall give notice of the hearing to: (1) The state hospitalor state security hospital where the defendant is under commitment; (2) thedistrict or county attorney of the county from which the defendant wasoriginally committed; (3) the defendant; and (4) the defendant's attorney. Thecourt shall inform the defendant that such defendant is entitled to counsel andthat counsel will be appointed to represent the defendant if the defendant isnot financially able to employ an attorney as provided in K.S.A. 22-4503 etseq. and amendments thereto. The hearing shall be held within 30 days after thereceipt by the court of the chief medical officer's notice.
(c) At the hearing, the defendant shall be sentenced, committed, grantedprobation, assigned to a community correctional services program, asprovided by K.S.A. 75-5291 and amendments thereto, or discharged as thecourt deems best under the circumstance. The time spent in a state or localinstitution pursuant to a commitment under K.S.A. 22-3430 and amendmentsthereto shall be credited against any sentence, confinement or imprisonmentimposed on the defendant.
22-3431.Commitment to certain institutions as aresult of mental examination and report after conviction and prior to sentence;disposition upon completion of treatment; notice andhearing.(a) Whenever it appears to the chief medical officer of the institution towhich a defendant has been committed under K.S.A. 22-3430 and amendmentsthereto, that the defendant will not be improved by further detention in suchinstitution, the chief medical officer shall give written notice thereof to thedistrict court where the defendant was convicted. Such notice shall include,but not be limited to: (1) Identification of the patient; (2) the course oftreatment; (3) a current assessment of the defendant's psychiatric condition;(4) recommendations for future treatment, if any; and (5) recommendationsregarding discharge, if any.
(b) Upon receiving such notice, the district court shall order that a hearingbe held. The court shall give notice of the hearing to: (1) The state hospitalor state security hospital where the defendant is under commitment; (2) thedistrict or county attorney of the county from which the defendant wasoriginally committed; (3) the defendant; and (4) the defendant's attorney. Thecourt shall inform the defendant that such defendant is entitled to counsel andthat counsel will be appointed to represent the defendant if the defendant isnot financially able to employ an attorney as provided in K.S.A. 22-4503 etseq. and amendments thereto. The hearing shall be held within 30 days after thereceipt by the court of the chief medical officer's notice.
(c) At the hearing, the defendant shall be sentenced, committed, grantedprobation, assigned to a community correctional services program, asprovided by K.S.A. 75-5291 and amendments thereto, or discharged as thecourt deems best under the circumstance. The time spent in a state or localinstitution pursuant to a commitment under K.S.A. 22-3430 and amendmentsthereto shall be credited against any sentence, confinement or imprisonmentimposed on the defendant.
