22-3428a. Same; annual hearing on continued commitment; procedure, notice and standards.
22-3428a
22-3428a. Same; annual hearing oncontinued commitment; procedure, notice and standards.(1) Any person found not guilty, pursuant toK.S.A. 22-3220 and 22-3221, who remains in thestate security hospital or a state hospital for over one year pursuantto a commitment under K.S.A. 22-3428 and amendmentsthereto shall be entitled annually to request a hearing to determinewhether or not the person continues to be a mentally ill person.The request shallbe made in writing to the district court of the county where the person ishospitalized and shall be signed by the committed person or the person'scounsel. When the request is filed, the court shall give notice of therequest to: (a) The county or district attorney of the county in which theperson was originally ordered committed, and (b) the chief medical officerof the state security hospital or state hospital where the person iscommitted. The chief medical officer receiving the notice, or the officer'sdesignee,shall conduct a mental examination of the person and shall send to thedistrict court of the county where the person is hospitalized and to thecounty or district attorney of the county in which the person was originallyordered committed a report of the examination within 20 days from the datewhen notice from the court was received. Within 10 days afterreceivingthe report of the examination, the county or district attorney receivingit may file a motion with the district court that gave the notice, requestingthe court to change the venue of the hearing to the district court of thecounty in which the person was originally committed, or the court that gavethe notice on its own motion may change the venue of the hearing to thedistrict courtof the county in which the person was originally committed. Uponreceipt of that motion and the report of the mental examination or uponthe court's own motion, the court shall transfer thehearing to the district courtspecified in the motion and send a copy of the court's records of theproceedings to that court.
(2) After the time in which a change of venue may be requested haselapsed, the court having venue shall set a date for the hearing, givingnotice thereof to the county or district attorney of the county, thecommitted person and the person's counsel. If there is no counsel ofrecord, the court shall appoint a counsel for the committed person. Thecommitted person shall have the right to procure, at the person's own expense,a mental examination by a physician or licensedpsychologist of the person's own choosing. If a committed person isfinancially unable to procure such an examination, the aid to indigentdefendants provisions of article 45 of chapter 22 of the Kansas StatutesAnnotated shall be applicable to that person. A committed person requestinga mental examination pursuant to K.S.A. 22-4508 andamendments thereto may request a physician or licensedpsychologist of the person's own choosing and the court shall request thephysician or licensed psychologist to provide an estimateof the cost of the examination. If the physician or licensed psychologistagrees to accept compensation in an amount inaccordance with the compensation standards set by the board of supervisorsof panels to aid indigent defendants, the judge shall appoint the requestedphysician or licensed psychologist; otherwise, the courtshall designate a physician or licensed psychologist toconduct the examination. Copies of each mental examination of the committedperson shall be filed with the court at least five days prior to thehearing and shall be supplied to the county or district attorney receivingnotice pursuant to this section and the committed person's counsel.
(3) At the hearing the committed person shall have the right topresent evidence and cross-examine the witnesses. The court shall receiveall relevant evidence, including the written findings and recommendationsof the chief medical officer of the state security hospital or state hospitalwhere the person is under commitment, and shall determine whether thecommitted person continues to be a mentally ill person. Atthe hearing the court may make anyorder that a court is empowered to make pursuant to subsections(3), (4) and (5) of K.S.A. 22-3428 and amendments thereto. If thecourt finds by clear and convincing evidence the committed person is not amentally ill person, the court shall order the persondischarged; otherwise, the person shall remain committed or beconditionally released.
(4) Costs of a hearing held pursuant to this section shall beassessed against and paid by the county in which the person wasoriginally ordered committed.
History: L. 1978, ch. 127, § 1; L. 1979, ch. 97, § 2; L. 1980,ch. 105, § 2; L. 1982, ch. 148, § 3;L. 1986, ch. 211, § 29; L. 1986, ch. 299, § 3; L. 1986, ch. 134, § 1;L. 1989, ch. 101, § 2;L. 1993, ch. 247, § 3;L. 1995, ch. 251, § 29; Jan. 1, 1996.