K.S.A. » Chapter 22

K.S.A. § 22-3305

Procedure when defendant not civilly committed or to be discharged; order of discharge; request for hearing on competency; charges dismissed; statute of limitations not to run; victim notification

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22-3305. Procedure when defendant not civilly committed or to be discharged; order of discharge; request for hearing on competency; charges dismissed; statute of limitations not to run; victim notification. (a) Whenever involuntary commitment proceedings have been commenced by the secretary for aging and disability services or the prosecuting attorney as required by K.S.A. 22-3303, and amendments thereto, and the defendant is not committed to a treatment institution or facility as a patient, the defendant shall remain in the institution or facility where committed pursuant to K.S.A. 22-3303, and amendments thereto. The secretary for aging and disability services or the prosecuting attorney shall promptly notify the court and the prosecuting attorney of the county where the criminal proceedings are pending for the purpose of providing victim notification, of the result of the involuntary commitment proceeding.

(b) Whenever involuntary commitment proceedings have been commenced by the secretary for aging and disability services or the prosecuting attorney as required by K.S.A. 22-3303, and amendments thereto, and the defendant is committed to a treatment institution or facility as a patient but thereafter is to be discharged pursuant to the care and treatment act for mentally ill persons, the defendant shall remain in the institution or facility where committed pursuant to K.S.A. 22-3303, and amendments thereto, and the head of the treatment institution or facility shall promptly notify the court and the prosecuting attorney of the county where the criminal proceedings are pending for the purpose of providing victim notification, that the defendant is to be discharged.

(c) When giving notification to the court and the prosecuting attorney pursuant to subsection (a) or (b), the treatment institution or facility shall include in such notification an opinion from the head of the treatment institution or facility as to whether or not the defendant is now competent to stand trial. Upon request of the prosecuting attorney, the court may set a hearing on the issue of whether or not the defendant has been restored to competency. If such hearing request is granted, the prosecuting attorney shall provide victim notification regarding the hearing date. Such hearing request shall be filed within 14 days of completion of the notification from the head of the treatment institution or facility pursuant to subsection (a) or (b). The hearing shall take place within 21 days after receipt of the hearing request unless the court finds that exceptional circumstances warrant delay of the hearing. If no such hearing request is made within 14 days after receipt of notice pursuant to subsection (a) or (b), the court shall order the defendant to be discharged from commitment and shall dismiss without prejudice the charges against the defendant, and the period of limitation for the prosecution for the crime charged shall not continue to run until the defendant has been determined to have attained competency in accordance with K.S.A. 22-3302, and amendments thereto. The prosecuting attorney shall provide victim notification regarding the discharge order.

History: L. 1977, ch. 121, § 3; L. 1987, ch. 116, § 1; L. 1996, ch. 167, § 44; L. 2010, ch. 61, § 3; L. 2011, ch. 91, § 16; L. 2014, ch. 5, § 2; L. 2022, ch. 76, § 9; July 1.

Notes of Decisions
Cited in 5 cases, 1996–2019 · leading case: State v. Johnson
Sort: Relevance Newest Treatment
State v. Johnson (2009) kan · cites it 12× “Both Johnson I and Johnson II discuss K.S.A. 22-3305, which addresses what is to happen after SRS has commenced the Chapter 59 involuntary commitment proceedings.”
In re Care & Treatment of Easterberg (2019) kan · cites it 2× “n the case of persons who are returned to prison for no more than 90 days as a result of revocation of postrelease supervision, written notice shall be given as soon as practicable following the person's readmission to prison; 10 (2) release of a person who has been charged with…”
In re the Care & Treatment of Hendricks (1996) kan “The Act provides for yearly examinations of the person’s mental condition, an annual court review, the right to petition for release, a hearing on the petition before a court or a jury, and the continued obligation of the State to show beyond a reasonable doubt that the…”
State v. Parker (2005) kanctapp · cites it 10× “The State contends that under K.S.A. 2004 Supp. 22-3305, charges may only be dismissed after the defendant is not committed, or is committed but will be discharged, and the State is afforded the opportunity to request a hearing.”
In Re the Care & Treatment of Goracke (2000) kanctapp “If the person charged with a sexually violent offense has been found incompetent to stand trial and is about to be released pursuant to K.S.A. 1999 Supp. 22-3305, and such person’s commitment is sought pursuant to subsection (a), the court shall first hear evidence and determine…”
— K.S.A. § 22-3305(1) — 1 case
State v. Johnson (2009) kan “Both Johnson I and Johnson II discuss K.S.A. 22-3305, which addresses what is to happen after SRS has commenced the Chapter 59 involuntary commitment proceedings.”
— K.S.A. § 22-3305(2) — 2 cases
State v. Johnson (2009) kan “Both Johnson I and Johnson II discuss K.S.A. 22-3305, which addresses what is to happen after SRS has commenced the Chapter 59 involuntary commitment proceedings.”
State v. Parker (2005) kanctapp “The State contends that under K.S.A. 2004 Supp. 22-3305, charges may only be dismissed after the defendant is not committed, or is committed but will be discharged, and the State is afforded the opportunity to request a hearing.”
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