US Laws, Codes, Statutes & Cases

      38-1639.   Same; procedure when respondent not civilly committed. (a) Whenever involuntary commitment proceedings have been commenced by the secretary of social and rehabilitation services as required by K.S.A. 38-1638, and amendments thereto, and the respondent is not committed to a treatment facility as a patient, the respondent shall remain in the institution where committed pursuant to K.S.A. 38-1638, and amendments thereto. The secretary of social and rehabilitation services shall promptly notify the court in which the proceedings are pending and the commissioner of the result of the involuntary commitment proceedings. The court shall then proceed pursuant to subsection (c).

      (b)   Whenever involuntary commitment proceedings have been commenced by the secretary of social and rehabilitation services as required by K.S.A. 38-1638, and amendments thereto, and the respondent is committed to a treatment facility as a patient but thereafter is to be discharged pursuant to article 29 of chapter 59 of the Kansas Statutes Annotated, the respondent shall remain in the institution where committed pursuant to K.S.A. 38-1638, and amendments thereto. The head of the treatment facility shall promptly notify the court in which the proceedings are pending that the respondent is to be discharged. The court shall then proceed pursuant to subsection (c).

      (c)   Within five days after receiving notice pursuant to subsection (a) or (b), the court shall order the respondent to be discharged from commitment and shall dismiss without prejudice the charges against the respondent. The period of limitation for the prosecution for the crime charged shall not continue to run until the respondent has been determined to have attained competency.

      History:   L. 1982, ch. 182, § 93; L. 1996, ch. 229, § 70; July 1, 1997.