US Laws, Codes, Statutes & Cases

      38-1655.   Adjudication. If the court finds that the evidence fails to prove an offense charged or an included offense as defined in subsection (2) of K.S.A. 21-3107 and amendments thereto, the court shall enter an order dismissing the charge.

      If the court finds that the respondent committed the offense charged or an included offense as defined in subsection (2) of K.S.A. 21-3107 and amendments thereto, the court shall adjudicate the respondent to be a juvenile offender and may issue a sentence as authorized by this code.

      If the court finds that the respondent committed the acts constituting the offense charged or an included offense as defined in subsection (2) of K.S.A. 21-3107 and amendments thereto but is not responsible because of mental disease or defect, the respondent shall not be adjudicated as a juvenile offender and shall be committed to the custody of the secretary of social and rehabilitation services and placed in a state hospital. The respondent's continued commitment shall be subject to annual review in the manner provided by K.S.A. 22-3428a and amendments thereto for review of commitment of a defendant suffering from mental disease or defect, and the respondent may be discharged or conditionally released pursuant to that section. The respondent also may be discharged or conditionally released in the same manner and subject to the same procedures as provided by K.S.A. 22-3428 and amendments thereto for discharge of or granting conditional release to a defendant found suffering from mental disease or defect. If the respondent violates any conditions of an order of conditional release, the respondent shall be subject to contempt proceedings and return to custody as provided by K.S.A. 22-3428b and amendments thereto.

      A copy of the court's order shall be sent to the school district in which the juvenile offender is enrolled or will be enrolled.

      History:   L. 1982, ch. 182, § 98; L. 1995, ch. 251, § 31; L. 1996, ch. 229, § 75; L. 1999, ch. 116, § 45; July 1.