38-2348. Proceedings to determine competency.
38-2348
38-2348. Proceedings to determinecompetency.(a) For the purpose of this section, a person charged as ajuvenile isincompetent for adjudication as a juvenile offender if, because of mentalillness or defect, suchperson is unable to:
(1) Understand the nature and purpose of the proceedings; or
(2) make or assist in making a defense.
Whenever the words "competent," "competency," "incompetent" and"incompetency" areused without qualification in this code, such words shall refer to the standardforincompetency describedin this subsection.
(b) (1) If at any time after such person has been charged as a juvenilethere is reason tobelieve that the juvenile is incompetent for adjudication as a juvenileoffender, the proceedingsshall be suspended and the court before whom the case is pending shall conducta hearing todetermine the competency of the juvenile. Such a hearing may be held upon themotion of thejuvenile's attorney or the prosecuting attorney, or upon the court's ownmotion.
(2) The court shall determine the issue of competency. To facilitate inthis determination,the court may: (A) Appoint a licensed psychiatrist or psychologist to examinethe juvenile; or (B)designate a private or public mental health facility to conduct a psychiatricor psychologicalexamination and report to the court. If the examining psychiatrist,psychologist or private or publicmental health facility determines that further examination is necessary, thecourt may commit thejuvenile for not more than 60 days to any appropriate public or privateinstitution for examinationand report to the court. For good cause shown, the commitment may be extendedfor another 60days. No statement made by the juvenile in the course of any examinationprovided for by this section, whether the examination is with or without theconsent of the juvenile, shall be admittedin evidence against the juvenile in any hearing.
(3) Unless the court finds the attendance of the juvenile would be injuriousto the juvenile'shealth, the juvenile shall be present personally at all proceedings under thissection.
(c) If the juvenile is found to be competent, the proceedings which have beensuspendedshall be resumed.
(d) If the juvenile is found to be incompetent, the juvenile shall remainsubject to thejurisdiction of the court and shall be committed for evaluation and treatmentpursuant toK.S.A. 2009 Supp.38-2349 and 38-2350,and amendments thereto. One or both parents of the juvenilemay be ordered to paychild support pursuant to the Kansas child support guidelines. Upon applicationof the juvenile andin the discretion of the court, the juvenile may be released to anyappropriate private institution uponterms and conditions prescribed by the court.
(e) If at any time after proceedings have been suspended under this section,there arereasonable grounds to believe that a juvenile who has been adjudgedincompetent is nowcompetent, the court in which the case is pending shall conduct a hearing todetermine the juvenile'spresent mental condition. Reasonable notice of the hearings shall be given tothe prosecutingattorney, the juvenile and the juvenile's attorney of record, if any. If thecourt, following the hearing,finds the juvenile to be competent, the pending proceedings shall be resumed.
History: L. 2006, ch. 169, § 48; Jan. 1, 2007.