Kansas Statutes Annotated

K.S.A. § 22-3431 (2026)

Commitment to certain institutions as a result of mental examination and report after conviction and prior to sentence; disposition upon completion of treatment; notice and hearing; victim notification

✓ current as of May 2026

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22-3431. Commitment to certain institutions as a result of mental examination and report after conviction and prior to sentence; disposition upon completion of treatment; notice and hearing; victim notification. (a) Whenever it appears to the chief medical officer of the institution to which a defendant has been committed under K.S.A. 22-3430, and amendments thereto, that the defendant will not be improved by further detention in such institution, the chief medical officer shall give written notice thereof to the district court where the defendant was convicted. Such notice shall include, but not be limited to: (1) Identification of the patient; (2) the course of treatment; (3) a current assessment of the defendant's psychiatric condition; (4) recommendations for future treatment, if any; and (5) recommendations regarding discharge, if any.

(b) Upon receiving such notice, the district court shall order that a hearing be held. The court shall give notice of the hearing to: (1) The state hospital or state security hospital where the defendant is under commitment; (2) the district or county attorney of the county from which the defendant was originally committed; (3) the defendant; and (4) the defendant's attorney. The county or district attorney shall provide victim notification. The court shall inform the defendant that such defendant is entitled to counsel and that counsel will be appointed to represent the defendant if the defendant is not financially able to employ an attorney as provided in K.S.A. 22-4503 et seq., and amendments thereto. The hearing shall be held within 30 days after the receipt by the court of the chief medical officer's notice.

(c) At the hearing, the defendant shall be sentenced, committed, granted probation, assigned to a community correctional services program, as provided by K.S.A. 75-5291, and amendments thereto, or discharged as the court deems best under the circumstance. The county or district attorney shall notify any victims of the outcome of the hearing. The time spent in a state or local institution pursuant to a commitment under K.S.A. 22-3430, and amendments thereto, shall be credited against any sentence, confinement or imprisonment imposed on the defendant.

History: L. 1970, ch. 129, § 22-3431; L. 1971, ch. 114, § 8; L. 1986, ch. 123, § 22; L. 1993, ch. 247, § 5; L. 2000, ch. 182, § 7; L. 2010, ch. 61, § 7; L. 2014, ch. 5, § 6; July 1.

Notes of Decisions

Cited in 11 cases (1 in the last 5 years), 1977–2022 · leading case: State v. Harkness, 847 P.2d 1191 (Kan. 1993).

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State v. Harkness, 847 P.2d 1191 (Kan. 1993). · cites it 9× “22-3430 and K.S.A. 22-3431, ordered the defendant committed to Lamed until further order of the court.”

State v. Hildebrandt, 12 P.3d 392 (Kan. 2000). · cites it 22× “: This sentencing appeal involves the interaction of K.S.A. 22-3431 and the provisions of the Kansas Sentencing Guidelines Act (KSGA), K.”

State v. Fowler, 710 P.2d 1268 (Kan. 1985). “K.S.A. 22-3431 provides that time spent in the county or state institution under K.”

State v. Smith, 574 P.2d 161 (Kan. 1977). “22-3430 for a mental evaluation and treatment. On December 12,1975, the court found the defendant was no longer in need of psychiatric care and *48 treatment and again sentenced the defendant to the custody of the Secretary of Corrections, pursuant to K.”

State v. Palmer, 942 P.2d 19 (Kan. 1997). “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. Adkins, 689 P.2d 880 (Kan. 1984). “The court may direct that the defendant be detained in such institution until further order of the court or until the defendant is discharged under K.S.A. 22-3431. No period of detention under this section shall exceed the maximum term provided by law for the crime of which the…”

State v. Finley, 854 P.2d 315 (Kan. Ct. App. 1993). · cites it 2× ““I direct that he be detained at such institution until further order of the Court and until he’s discharged under the provisions of K.S.A. 22-3431. The period of detention of this shall not exceed three years from this date, less the time served.”

State v. Smith, 591 P.2d 1098 (Kan. Ct. App. 1979). · cites it 4× “22-3429, defendant was committed to the Larned State Hospital for psychiatric care and treatment, to be held in that institution until discharged pursuant to K.S.A. 22-3431. Under date of December 16, 1977, the clinical director of Larned State Hospital informed the trial court…”

State v. Zimmer, 873 P.2d 1381 (Kan. Ct. App. 1994). “The district court further ordered defendant to remain at LSH either until his sentence expired or until a report was issued by LSH in accordance with K.S.A. 1993 Supp. 22-3431. Defendant then timely appealed, claiming his commitment to LSH was improper.”

State v. Kidd (Kan. Ct. App. 2022). · cites it 3× “K.S.A. 2021 Supp. 22-3430(a). Likewise, K.”

Wilkins v. Chater, 953 F. Supp. 1192 (D. Kan. 1996). “22-3430 until further order of this Court or until discharge pursuant to K.S.A. 22-3431; and 6. That the penalty sections for the crime or crimes of which the defendant had been convicted are as follows: K.”

— K.S.A. § 22-3431(c) — 1 case

State v. Hildebrandt, 12 P.3d 392 (Kan. 2000). “: This sentencing appeal involves the interaction of K.S.A. 22-3431 and the provisions of the Kansas Sentencing Guidelines Act (KSGA), K.”

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.