22-3429. Mental examination, evaluation and report after conviction and prior to sentence; limit on commitment. - Kansas Statutes

22-3429

Chapter 22.--CRIMINAL PROCEDURE KANSAS CODE OF CRIMINAL PROCEDURE Article 34.--TRIALS AND INCIDENTS THERETO

      22-3429.   Mental examination, evaluation and report after conviction andprior to sentence; limit on commitment.After conviction and prior to sentence and as part of the presentenceinvestigation authorized by K.S.A. 21-4604 and amendments thereto or forcrimes committed on or after July 1, 1993, a presentence investigation reportas provided in K.S.A. 21-4714 and amendments thereto,the trial judgemay order the defendant committed for mental examination, evaluation andreport. If the defendant is convicted of a felony, the commitment shall be tothe state security hospital or any suitable local mental health facility. Ifthe defendant is convicted of a misdemeanor, the commitment shall be to a statehospital or any suitable local mental health facility.If adequate private facilities are available and if thedefendant is willing to assume the expense thereof, commitment maybe to a private hospital.A report of the examination and evaluationshall be furnished to the judge and shall be made available to theprosecuting attorney and counsel for the defendant.A defendant may notbe detained for more than 120 days under a commitment made under thissection.

      History:   L. 1970, ch. 129, § 22-3429;L. 1992, ch. 309, § 4;L. 1993, ch. 291, § 195;L. 1994, ch. 291, § 63; July 1.