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KANSAS STATUTES AND CODES
22-3430. Commitment to certain institutions as a result of a K.S.A. 22-3429 examination, when; standards; costs; appeal by defendant.
22-3430
22-3430. Commitment to certain institutions as a result of a K.S.A.22-3429 examination, when; standards; costs; appeal by defendant.(a) If the report of the examination authorized by K.S.A. 22-3429 andamendments theretoshows that the defendant is in need of psychiatric care and treatment, thatsuch treatment may materially aid in thedefendant's rehabilitation andthat the defendant and society are not likely to be endangered bypermitting the defendant to receive such psychiatric care and treatment,in lieu of confinement or imprisonment, the trial judge shall have powerto commit such defendant to: (1) The state security hospital or any countyinstitution provided for the reception, care, treatment and maintenance ofmentally ill persons, if the defendant is convicted of a felony; or (2) anystateor county institution provided forthe reception, care, treatment and maintenance of mentally ill persons, ifthe defendant is convicted of a misdemeanor.The court may direct that the defendant be detained in such hospital orinstitutionuntil further order of the court or until the defendant is dischargedunder K.S.A. 22-3431 and amendments thereto. No period of detention underthis section shall exceedthe maximum term provided by law for the crime of which the defendanthas been convicted. The cost of care andtreatment provided by a state institution shall be assessed in accordance withK.S.A. 59-2006 and amendments thereto.
(b) No defendant committed to the state security hospital pursuant to thissection upon conviction of a felony shall be transferred or released from suchhospital except on recommendation of the staff of such hospital.
(c) The defendant may appeal from any order of commitment made pursuantto this section in the same manner and with like effect as if sentenceto a jail, or to the custody of thesecretary of corrections hadbeen imposed.
History: L. 1970, ch. 129, § 22-3430;L. 1992, ch. 309, § 5;L. 1993, ch. 247, § 4; July 1.