22-3430.
Commitment to certain institutions as a result of a K.S.A. 22-3429 examination, when; standards; costs; appeal by defendant; victim notification.
(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 defendant and society are not likely to be endangered by permitting the defendant to receive such psychiatric care and treatment, in lieu of confinement or imprisonment, the trial judge shall have power to commit such defendant to: (1) The state security hospital or any county institution provided for the reception, care, treatment and maintenance of mentally ill persons, if the defendant is convicted of a felony; or (2) any state or county institution provided for the reception, care, treatment and maintenance of mentally ill persons, if the defendant is convicted of a misdemeanor. The court may direct that the defendant be detained in such hospital or institution until further order of the court or until the defendant is discharged under K.S.A. 22-3431, and amendments thereto. The county or district attorney shall notify any victims of the outcome of the hearing. No period of detention under this section shall exceed the maximum term provided by law for the crime of which the defendant has been convicted. The cost of care and treatment provided by a state institution shall be assessed in accordance with K.S.A. 59-2006, and amendments thereto.
(b) No defendant committed to the state security hospital pursuant to this section upon conviction of a felony shall be transferred or released from such hospital except on recommendation of the staff of such hospital.
(c) The defendant may appeal from any order of commitment made pursuant to this section in the same manner and with like effect as if sentence to a jail, or to the custody of the secretary of corrections had been imposed.
History:
L. 1970, ch. 129, § 22-3430; L. 1992, ch. 309, § 5; L. 1993, ch. 247, § 4; L. 2010, ch. 61, § 6; L. 2014, ch. 5, § 5; July 1.
Notes of Decisions
Cited in
28
cases (
6 in the last 5 years), 1977–2024 · leading case:
State v. Maestas, 316 P.3d 724 (Kan. 2014).
State v. Maestas, 316 P.3d 724 (Kan. 2014).
· cites it 20× “21-4634; and (5) the district court’s refusal to commit Maes-tas to the state security hospital rather than prison under K.S.A. 22-3430. We affirm. Factual and Procedural Background On August 1, 2009, Maestas placed a 911 call requesting an ambulance at the Hugoton, Kansas,…”
State v. Godfrey, 350 P.3d 1068 (Kan. 2015).
· cites it 2× “” Later, when confusion again surfaced regarding the precise nature of the plea agreement on the subject of Godfrey’s placement at Lamed, Godfrey’s counsel again explained to the district court that Godfrey originally understood that the recommendation was for a Larned placement…”
State v. Harkness, 847 P.2d 1191 (Kan. 1993).
· cites it 5× “With regard to sentencing, on June 28, 1982, the trial court, pursuant to K.S.A. 22-3430 and K.S.A. 22-3431, ordered the defendant committed to Lamed until further order of the court.”
State v. Lawson, 959 P.2d 923 (Kan. Ct. App. 1998).
· cites it 13× “Lawson raises two issues on appeal: (a) whether the pretrial identification procedure was unnecessarily suggestive and led to his misidentification as the robber; and (b) whether the district court misunderstood its discretion to commit him to the Lamed State Security Hospital…”
State v. Baker, 877 P.2d 946 (Kan. 1994).
· cites it 4× “22-3430 are as follows: “(a) If the report of the examination authorized by K.”
State v. Adkins, 689 P.2d 880 (Kan. 1984).
· cites it 6× “In his direct appeal, defendant contends: (1) the trial court abused its discretion in refusing to commit him to a state mental institution for treatment pursuant to K.S.A. 22-3430 in lieu of imprisonment; and (2) K.”
State v. Heywood, 783 P.2d 890 (Kan. 1989).
· cites it 2× “Pursuant to K.S.A. 22-3430, Heywood was committed to the Larned State Hospital for treatment in lieu of sentencing.”
State v. Hilyard, 515 P.3d 267 (Kan. 2022).
“" K.S.A. 2021 Supp. 22-3430. In Evans, the defendant went a step further than Hilyard by filing a request for a mental evaluation under K.”
State v. Fowler, 710 P.2d 1268 (Kan. 1985).
· cites it 2× “K.S.A. 22-3430 permits a trial court to commit a defendant, after conviction, to a state or county institution when he is in need of psychiatric care and treatment, in lieu of confinement or imprisonment.”
State v. Hildebrandt, 12 P.3d 392 (Kan. 2000).
· cites it 6× “Hildebrandt was then committed to Larned State Security Hospital (LSSH) in lieu of sentencing pursuant to K.S.A. 22-3430 under which provision he was ordered to remain in LSSH until further order of the court or until discharged as provided in K.”
State v. Palmer, 942 P.2d 19 (Kan. 1997).
· cites it 2× ““K.S.A. 22-3430 permits a trial court to commit a defendant, after conviction, to a state or county institution when he is in need of psychiatric care and treatment, in heu of confinement or imprisonment.”
State v. White, 950 P.2d 1316 (Kan. 1997).
“The staff recommended that White be committed to Lamed for care and treatment in lieu of sentencing under the provisions of K.S.A. 22-3430. The Lamed staff thought White should be sentenced for his crime only after he had been treated for his psychotic disorder.”
— K.S.A. § 22-3430(a) — 4 cases
State v. Maestas, 316 P.3d 724 (Kan. 2014).
“21-4634; and (5) the district court’s refusal to commit Maes-tas to the state security hospital rather than prison under K.S.A. 22-3430. We affirm. Factual and Procedural Background On August 1, 2009, Maestas placed a 911 call requesting an ambulance at the Hugoton, Kansas,…”
State v. Lawson, 959 P.2d 923 (Kan. Ct. App. 1998).
“Lawson raises two issues on appeal: (a) whether the pretrial identification procedure was unnecessarily suggestive and led to his misidentification as the robber; and (b) whether the district court misunderstood its discretion to commit him to the Lamed State Security Hospital…”
— K.S.A. § 22-3430(c) — 2 cases
State v. Maestas, 316 P.3d 724 (Kan. 2014).
“21-4634; and (5) the district court’s refusal to commit Maes-tas to the state security hospital rather than prison under K.S.A. 22-3430. We affirm. Factual and Procedural Background On August 1, 2009, Maestas placed a 911 call requesting an ambulance at the Hugoton, Kansas,…”
State v. Lawson, 959 P.2d 923 (Kan. Ct. App. 1998).
“Lawson raises two issues on appeal: (a) whether the pretrial identification procedure was unnecessarily suggestive and led to his misidentification as the robber; and (b) whether the district court misunderstood its discretion to commit him to the Lamed State Security Hospital…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.