38-2356. Adjudication.
38-2356
38-2356. Adjudication.(a) If the court finds that the evidence fails to prove anoffense charged or a lesserincluded offense as defined in subsection (2) of K.S.A. 21-3107, and amendmentsthereto, the courtshall enter an order dismissing the charge.
(b) If the court finds that the juvenile committed the offense charged or alesserincluded offenseas defined in subsection (2) of K.S.A. 21-3107, and amendments thereto, thecourt shall adjudicatethe juvenile to be a juvenile offender and may issue a sentence as authorizedby this code.
(c) If the court finds that the juvenile committed the acts constituting theoffense chargedor a lesser included offense as defined in subsection (2) of K.S.A. 21-3107,and amendments thereto, butis not responsible because of mental disease or defect, the juvenile shall notbe adjudicated as ajuvenile offender and shall be committed to the custody of the secretary ofsocial and rehabilitationservices and placed in a state hospital. The juvenile's continued commitmentshall be subject toannual review in the manner provided by K.S.A. 22-3428a, and amendmentsthereto, for review ofcommitment of a defendant suffering from mental disease or defect, and thejuvenile may bedischarged or conditionally released pursuant to that section. The juvenilealso may be dischargedor conditionally released in the same manner and subject to the same proceduresas provided byK.S.A. 22-3428, and amendments thereto, for discharge of or grantingconditional release to adefendant found suffering from mental disease or defect. If the juvenileviolates any conditions ofan order of conditional release, the juvenile shall be subject to contemptproceedings and returnedto custody as provided by K.S.A. 22-3428b, and amendments thereto.
(d) A copy of the court's order shall be sent to the school district in whichthe juvenileoffender is enrolled or will be enrolled.
History: L. 2006, ch. 169, § 56; Jan. 1, 2007.