59-2966. Order for treatment; dismissal.
59-2966
59-2966. Order for treatment; dismissal.(a) Upon the completion of the trial, if thecourt or jury finds by clear and convincing evidence that theproposed patient is a mentally ill person subject to involuntarycommitment for care and treatment under this act, the court shallorder treatment for such person for a specified period of time not to exceedthree months from the date of the trial at a treatment facility, exceptthat the court shall not order treatment at a state psychiatrichospital, unless a written statement from a qualified mentalhealth professional authorizing such treatment at a statepsychiatric hospital has been filed with the court. Whenever an involuntarypatient is ordered to receive treatment, the clerk of thedistrict court shall send a copy of the order to the Kansas bureau ofinvestigation within five days after receipt of the order. The Kansas bureau ofinvestigation shall immediately enter the order into the national criminalinformation center and other appropriate databases. An orderfortreatment in a treatment facility other than a state psychiatrichospital shall be conditioned upon the consent of the head ofthat treatment facility to accepting the patient. In the event noother appropriate treatment facility has agreed to providetreatment for the patient, and no qualified mental healthprofessional has authorized treatment at a state psychiatrichospital, the participating mental health center for the countyin which the patient resides shall be given responsibility forproviding or securing treatment for the patient or if no countyof residence can be determined for the patient, then theparticipating mental health center for the county in which thepatient was taken into custody or in which the petition was filedshall be given responsibility for providing or securing treatmentfor the patient.
(b) A copy of the order for treatment shall be provided to the head of thetreatment facility.
(c) When the court orders treatment, it shall retainjurisdiction to modify, change or terminate such order, unlessvenue has been changed pursuant to K.S.A. 59-2971 and amendmentsthereto and then the receiving court shall have continuingjurisdiction.
(d) If the court finds from the evidence that the proposedpatient has not been shown to be a mentally ill person subject toinvoluntary commitment for care and treatment under this act thecourt shall release the person and terminate the proceedings.
History: L. 1996, ch. 167, § 22;L. 1997, ch. 152, § 7;L. 1998, ch. 134, § 48;L. 2006, ch. 210, § 16; July 1, 2007.