22-3429.
Mental examination, evaluation and report after conviction and prior to sentence; limit on commitment.
After conviction and prior to sentence and as part of the presentence investigation authorized by K.S.A. 21-6703, and amendments thereto, or for crimes committed on or after July 1, 1993, a presentence investigation report as provided in K.S.A. 21-6813, and amendments thereto, the trial judge may order the defendant committed to the state security hospital for mental examination, evaluation and report. A report of the examination and evaluation shall be furnished by the chief medical officer to the judge and shall be made available to the prosecuting attorney and counsel for the defendant. A defendant may not be detained for more than 120 days under a commitment made under this section.
History:
L. 1970, ch. 129, § 22-3429; L. 1992, ch. 309, § 4; L. 1993, ch. 291, § 195; L. 1994, ch. 291, § 63; L. 2011, ch. 30, § 130; L. 2022, ch. 76, § 11; July 1.
Notes of Decisions
Cited in
21
cases (
8 in the last 5 years), 1979–2024 · leading case:
State v. Hilyard, 515 P.3d 267 (Kan. 2022).
State v. Hilyard, 515 P.3d 267 (Kan. 2022).
· cites it 9× “K.S.A. 2021 Supp. 22-3429 imposes no affirmative duty for courts to raise the issue of whether to order a mental examination.”
State v. Van Hoet, 89 P.3d 606 (Kan. 2004).
· cites it 3× “22-3222 and K.S.A. 22-3429, which provide: “In any case in which the defendant is found not guilty of a charged crime, and the special question under K.”
State v. Maestas, 316 P.3d 724 (Kan. 2014).
· cites it 3× “This authority is triggered when an examination ordered by the court under K.S.A. 22-3429 shows: (1) The defendant is in need of psychiatric care and treatment; (2) the treatment may materially aid in the defendant’s rehabilitation; and (3) the defendant and society are not…”
State v. Evans, 492 P.3d 418 (Kan. 2021).
· cites it 4× “A district court's decision under K.S.A. 2020 Supp. 22-3429, whether to order a mental evaluation, is reviewable for abuse of discretion.”
State v. Moses, 607 P.2d 477 (Kan. 1980).
“On that date, however, sentencing was deferred, and Moses was committed to the Larned State Hospital for mental examination and evaluation pursuant to K.S.A. 22-3429. Sentence was imposed in open court on November 9, 1978.”
State v. Adkins, 689 P.2d 880 (Kan. 1984).
· cites it 3× “22-3430 provides: “If the report of the examination authorized by the preceding section [K.S.A. 22-3429] shows that the defendant is in need of psychiatric care and treatment and that such treatment may materially aid in his rehabilitation and that the *260 defendant and society…”
State v. Baker, 877 P.2d 946 (Kan. 1994).
“22-3430 are as follows: “(a) If the report of the examination authorized by K.S.A. 22-3429 and amendments thereto shows that the defendant is in need of psychiatric care and treatment, that such treatment may materially aid in the defendant’s rehabilitation and that the…”
State v. Zimmer, 873 P.2d 1381 (Kan. Ct. App. 1994).
· cites it 3× “After a hearing, the magistrate judge modified defendant’s sentence and committed him to LSH under K.S.A. 1993 Supp. 22-3429. *618 Following that ruling, defendant timely appealed to the district court, which affirmed the decision of the magistrate judge.”
State v. Lawson, 959 P.2d 923 (Kan. Ct. App. 1998).
· cites it 2× “Following his conviction but before sentencing, die district court committed Lawson to LSSH pursuant to K.S.A. 22-3429 for an evaluation and report.”
State v. Mitchell, 539 P.3d 218 (Kan. 2023).
· cites it 12× “An appellate court reviews a district court's decision to order an evaluation under K.S.A. 2020 Supp. 22-3429 for abuse of discretion.”
State v. Greene, 37 P.3d 633 (Kan. 2001).
“22-3222; K.S.A. 22-3429. In the present case, the trial judge refused to instruct the jury on the Jackson concept of diminished capacity, not on the ground that it had been superseded but rather because he did not believe “there was any evidence presented that would support an…”
State v. Murray, 271 P.3d 739 (Kan. 2012).
“The record does show that, between trial and sentencing, Murray’s lawyer filed a second motion questioning Murray’s mental state, this time under K.S.A. 22-3429, which provides for mental examinations of defendants as part of the presentence investigation report.”
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