2006 Kansas Code - 38-1637

      38-1637.   Proceedings to determine competency. (a) For the purpose of this section, a respondent is incompetent for hearing when charged as a juvenile offender and, because of mental illness or defect, is unable:

      (1)   To understand the nature and purpose of the proceedings; or

      (2)   to make or assist in making a defense.

      (b)   Whenever the words "competent," "competency," "incompetent" and "incompetency" are used without qualification in this code, they shall refer to the respondent's competency or incompetency, as described in subsection (a).

      (c) (1)   At any time after the respondent has been charged with an act which, if the respondent is found to have committed, would result in being adjudged to be a juvenile offender and before trial, the respondent, the respondent's attorney or the county or district attorney may request a determination of the respondent's competency for hearing. If, upon the request of either party or upon one's own knowledge and observation, the judge before whom the case is pending finds that there is reason to believe that the respondent is incompetent for hearing, the proceedings shall be suspended and a hearing conducted to determine the competency of the respondent.

      (2)   All proceedings under this section shall be in the court in which the case is pending. The court shall determine the issue of competency and may order a psychiatric or psychological examination of the respondent. To facilitate the examination, the court may: (A) Appoint two qualified licensed physicians or licensed psychologists, or one of each to examine the respondent or (B) designate a private psychiatric or psychological facility or public mental health center to conduct the examination and report to the court. If either physician or psychologist, the private psychiatric facility or the public mental health center determines that further examination is necessary, the court may commit the respondent for not more than 60 days to any appropriate state, county or private institution for examination and appropriate report to the court. For good cause shown, the commitment may be extended for another 60 days. No statement made by the respondent in the course of any examination provided for by this section, whether the examination is with or without the consent of the respondent, shall be admitted in evidence against the respondent in any hearing.

      (3)   If the respondent is found to be competent, the proceedings which have been suspended shall be resumed.

      (4)   If the respondent is found to be incompetent, the respondent shall be committed for treatment and shall remain subject to the further order of the court.

      (5)   The respondent shall be present personally at all proceedings under this section.

      (6)   A respondent who is found to be incompetent shall be committed for treatment to any appropriate state, county or private institution during the continuance of that condition. One or both parents of the respondent may be ordered to pay child support. Upon application of the respondent and in the discretion of the court, the respondent may be released to any appropriate private institution upon terms and conditions prescribed by the court.

      (7)   When reasonable grounds exist to believe that a respondent who has been adjudged incompetent is now competent, the court in which the case is pending shall conduct a hearing to determine the respondent's present mental condition. Reasonable notice of the hearings shall be given to the county or district 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, § 91; L. 1983, ch. 140, § 39; L. 1986, ch. 299, § 5; L. 1992, ch. 312, § 20; L. 1996, ch. 229, § 68; July 1, 1997.