US Laws, Codes, Statutes & Cases

      38-1638.   Same; commitment of incompetent. (a) A respondent who is found to be incompetent for hearing shall be committed for evaluation and treatment to any appropriate state, county or private institution for a period of not to exceed 90 days. Within 90 days of the respondent's commitment to the institution, the chief medical officer of the institution shall certify to the court whether the respondent has a substantial probability of attaining competency for hearing in the foreseeable future. If the probability does exist, the court shall order the respondent to remain in an appropriate state, county or private institution until the respondent attains competency for hearing or for a period of six months from the date of the original commitment, whichever occurs first. If the probability does not exist, the court shall order the secretary of social and rehabilitation services to commence involuntary commitment proceedings pursuant to article 29 of chapter 59 of the Kansas Statutes Annotated.

      (b)   If a respondent who was found to have a substantial probability of attaining competency for hearing, as provided in subsection (a), has not attained competency for hearing within six months from the date of the original commitment, the court shall order the secretary of social and rehabilitation services to commence involuntary commitment proceedings pursuant to article 29 of chapter 59 of the Kansas Statutes Annotated.

      (c)   When reasonable grounds exist to believe that a respondent who has been adjudged incompetent for hearing is competent, the court in which the case is pending shall conduct a hearing in accordance with K.S.A. 38-1637, and amendments thereto, to determine the respondent's present mental condition. Reasonable notice of the hearing shall be given to the prosecuting attorney, the respondent and the respondent's attorney of record, if any. If the court, following the hearing, finds the respondent to be competent, the proceedings pending against the respondent shall be resumed.

      History:   L. 1982, ch. 182, § 92; L. 1996, ch. 229, § 69; July 1, 1997.