K.S.A. Chapter 22
Article 34 - Trials and Incidents Thereto
Current Through End
of 2008 Legislative Session
22-3401 Time of trial.
22-3402 Discharge of persons not brought
promptly to trial.
22-3403 Method of trial of felony cases.
22-3404 Misdemeanor, cigarette or tobacco
infraction and traffic infraction case; method of trial.
22-3405 Presence of defendant.
22-3406 Time to prepare for trial.
22-3407 Motion to discharge jury panel.
22-3408 Trial jurors.
22-3409 Summoning jurors in misdemeanor case.
22-3410 Challenges for cause.
22-3411a Felony trials; number of jurors.
22-3412 Jury selection; peremptory
challenges; swearing of jury; alternate or additional jurors.
22-3413 Juror's knowledge of material fact.
22-3414 Order of trial.
22-3415 Laws applicable to witnesses;
immunity from prosecution or punishment.
22-3416 Prisoner as witness.
22-3417 Objections to rulings.
22-3418 View of place of crime.
22-3419 Motion for judgment of acquittal.
22-3420 Conduct of jury after submission.
22-3421 Verdict, procedure.
22-3422 Allocution.
22-3423 Mistrials.
22-3424 Judgment and sentence.
22-3425 Commitment for failure to pay fine
and costs.
22-3426 Record of judgment; form and content
of journal entry.
22-3426a Revocation of probation; form and
content of journal entry.
22-3427 Execution of sentence.
22-3428 Persons acquitted or verdict of not
guilty and jury answers affirmative to special question; commitment to state
security hospital; determination of whether person is a mentally ill person,
notice and hearing; procedure for transfer, release...
22-3428a Same; annual hearing on continued
commitment; procedure, notice and standards.
22-3428b Same; violation of conditions of
release; return to custody.
22-3429 Mental examination, evaluation and
report after conviction and prior to sentence; limit on commitment.
22-3430 Commitment to certain institutions as
a result of a K.S.A. 22-3429 examination, when; standards; costs; appeal by
defendant.
22-3431 Commitment to certain institutions as
a result of mental examination and report after conviction and prior to
sentence; disposition upon completion of treatment; notice and hearing.
22-3432 Information for secretary of
corrections concerning person convicted.
22-3433 Recorded statement of child victim
admissible in certain cases; limitations.
22-3434 Videotape of testimony of child
victim admissible in certain cases; limitations; standard of proof; objections,
restrictions.
22-3435 Severability.
22-3436 Prosecuting attorney; information to
victims.
22-3437 Forensic examinations; admissibility;
certification.
22-3438 Severability.
22-3439 Felony convictions; information and
forms to be forwarded to
All persons charged
with crime shall be tried without unnecessary delay. Continuances may be
granted to either party for good cause shown.
History: L. 1970, ch. 129, § 22-3401; July 1.
22-3402.
Discharge of persons not brought promptly to trial.
(1) If any person
charged with a crime and held in jail solely by reason thereof shall not be
brought to trial within 90 days after such person's arraignment on the charge,
such person shall be entitled to be discharged from further liability to be
tried for the crime charged, unless the delay shall happen as a result of the
application or fault of the defendant, or a continuance shall be ordered by the
court under subsection (5).
(2) If any person
charged with a crime and held to answer on an appearance bond shall not be
brought to trial within 180 days after arraignment on the charge, such person
shall be entitled to be discharged from further liability to be tried for the
crime charged, unless the delay shall happen as a result of the application or
fault of the defendant, or a continuance shall be ordered by the court under
subsection (5).
(3) If any trial
scheduled within the time limitation prescribed by subsection (1) or (2) is
delayed by the application of or at the request of the defendant, the trial
shall be rescheduled within 90 days of the original trial deadline.
(4) After any trial
date has been set within the time limitation prescribed by subsection (1) or
(2), if the defendant fails to appear for the trial or any pretrial hearing,
and a bench warrant is ordered, the trial shall be rescheduled within 90 days
after the defendant has been surrendered on such warrant. However, if the defendant was subject to the
180-day deadline prescribed by subsection (2) and more than 90 days of the
original time limitation remain, then the original time limitation remains in
effect
(5) The time for trial
may be extended beyond the limitations of subsections (1) and (2) for any of
the following reasons:
(a) The defendant is
incompetent to stand trial. If the
defendant is subsequently found to be competent to stand trial, the trial shall
be scheduled within 90 days of such finding;
(b) A proceeding to
determine the defendant's competency to stand trial is pending and a determination
thereof may not be completed within the time limitations fixed for trial by
this section. If the defendant is
subsequently found to be competent to stand trial, the trial shall be scheduled
within 90 days of such finding;
(c) There is material
evidence which is unavailable; that reasonable efforts have been made to
procure such evidence; and that there are reasonable grounds to believe that
such evidence can be obtained and trial commenced within the next succeeding 90
days. Not more than one continuance may
be granted the state on this ground, unless for good cause shown, where the
original continuance was for less than 90 days, and the trial is commenced
within 120 days from the original trial date;
(d) Because of other
cases pending for trial, the court does not have sufficient time to commence
the trial of the case within the time fixed for trial by this section. Not more than one continuance of not more
than 30 days may be ordered upon this ground.
(6) In the event a
mistrial is declared or a conviction is reversed on appeal to the supreme court
or court of appeals, the time limitations provided for herein shall commence to
run from the date the mistrial is declared or the date the mandate of the
supreme court or court of appeals is filed in the district court.
History: L. 1970, ch. 129, § 22-3402; L.
1976, ch. 163, § 18; L. 2004, ch. 47, § 1; July 1.
22-3403.
Method of trial of felony cases.
(1) The defendant and
prosecuting attorney, with the consent of the court, may submit the trial of
any felony to the court. All other trials of felony cases shall be by jury.
(2) A jury in a felony
case shall consist of twelve members. However the parties may agree in writing,
at any time before the verdict, with the approval of the court, that the jury
shall consist of any number less than twelve.
(3) When the trial is
to a jury, questions of law shall be decided by the court and issues of fact
shall be determined by the jury.
History: L. 1970, ch. 129, § 22-3403; July 1.
22-3404.
Misdemeanor, cigarette or tobacco infraction and traffic infraction case;
method of trial.
(1) The trial of
misdemeanor cases shall be to the court unless a jury trial is requested in
writing by the defendant not later than seven days after first notice of trial
assignment is given to the defendant or such defendant's counsel. The time
requirement provided in this subsection regarding when a jury trial shall be
requested may be waived in the discretion of the court upon a finding that
imposing such time requirement would cause undue hardship or prejudice to the
defendant.
(2) A jury in a
misdemeanor case shall consist of six members.
(3) Trials in the
municipal court of a city shall be to the court.
(4) Except as
otherwise provided by law, the rules and procedures applicable to jury trials
in felony cases shall apply to jury trials in misdemeanor cases.
(5) The trial of
cigarette or tobacco infraction or traffic infraction cases shall be to the
court.
History: L. 1970, ch. 129, § 22-3404; L.
1976, ch. 163, § 19; L. 1977, ch. 112, § 8; L. 1981, ch. 154, § 1; L. 1984, ch.
39, § 40; L. 1989, ch. 100, § 1; L. 1990, ch. 109, § 1; L. 1996, ch. 214, § 32;
L. 1998, ch. 192, § 4; May 28.
22-3405.
Presence of defendant.
(1) The defendant in a
felony case shall be present at the arraignment, at every stage of the trial
including the impaneling of the jury and the return of the verdict, and at the
imposition of sentence, except as otherwise provided by law. In prosecutions
for crimes not punishable by death, the defendant's voluntary absence after the
trial has been commenced in such person's presence shall not prevent continuing
the trial to and including the return of the verdict. A corporation may appear
by counsel for all purposes.
(2) The defendant must
be present, either personally or by counsel, at every stage of the trial of
traffic infraction, cigarette or tobacco infraction and misdemeanor cases.
History: L. 1970, ch. 129, § 22-3405; L.
1984, ch. 39, § 41; L. 1996, ch. 214, § 33; July 1.
22-3406.
Time to prepare for trial.
After arraignment, the
defendant shall be entitled to a reasonable time to prepare for trial.
History: L. 1970, ch. 129, § 22-3406; July 1.
22-3407.
Motion to discharge jury panel.
(1) Any objection to
the manner in which a jury panel has been selected or drawn shall be raised by
a motion to discharge the jury panel. The motion shall be made at least five
days prior to the date set for trial if the names and addresses of the panel
members and the grounds for objection thereto are known to the parties or can
be learned by an inspection of the records of the clerk of the district court
at that time; in other cases the motion must be made prior to the time when the
jury is sworn to try the case. For good cause shown, the court may entertain the
motion at any time thereafter.
(2) The motion shall
be in writing and shall state facts which, if true, show that the jury panel
was improperly selected or drawn.
(3) If the motion
states facts which, if true, show that the jury panel has been improperly
selected or drawn, it shall be the duty of the court to conduct a hearing. The
burden of proof shall be on the movant.
(4) If the court finds
that the jury panel was improperly selected or drawn, the court shall order the
jury panel discharged and the selection or drawing of a new panel in the manner
provided by law.
History: L. 1970, ch. 129, § 22-3407; July 1.
(1) When drawn, a list
of prospective jurors and their addresses shall be filed in the office of the
clerk of the court and shall be a public record.
(2) (a) The
qualifications of jurors and grounds for exemption from jury service in civil
cases shall be applicable in criminal trials, except as otherwise provided by
law.
(b) An exemption from
service on a jury is not a basis for challenge, but is the privilege of the
person exempted.
(3) The prosecuting
attorney and the defendant or his attorney shall conduct the examination of
prospective jurors. The court may conduct an additional examination. The court
may limit the examination by the defendant, his attorney or the prosecuting
attorney if the court believes such examination to be harassment, is causing
unnecessary delay or serves no useful purpose.
History: L. 1970, ch. 129, § 22-3408; July 1.
22-3409.
Summoning jurors in misdemeanor case.
When a jury trial is
demanded, as provided by law, for misdemeanor cases, the judge shall summon not
less than 12 prospective jurors from the source and in the manner provided for
the summoning of other petit jurors in the district court in the county.
History: L. 1970, ch. 129, § 22-3409; L.
1976, ch. 163, § 20; L. 1981, ch. 154, § 2; L. 1984, ch. 39, § 42; L. 1996, ch.
214, § 34; L. 1998, ch. 192, § 6; May 28.
22-3410.
Challenges for cause.
(1) Each party may
challenge any prospective juror for cause. Challenges for cause shall be tried
by the court.
(2) A juror may be
challenged for cause on any of the following grounds:
(a) He is related to
the defendant, or a person alleged to have been injured by the crime charged or
the person on whose complaint the prosecution was begun, by consanguinity
within the sixth degree, or is the spouse of any person so related.
(b) He is attorney,
client, employer, employee, landlord, tenant, debtor, creditor or a member of
the household of the defendant or a person alleged to have been injured by the
crime charged or the person on whose complaint the prosecution was instituted.
(c) He is or has been
a party adverse to the defendant in a civil action, or has complained against
or been accused by him in a criminal prosecution.
(d) He has served on
the grand jury which returned the indictment or on a coroner's jury which
inquired into the death of a person whose death is the subject of the
indictment or information, or on any other investigatory body which inquired
into the facts of the crime charged.
(e) He was a juror at
a former trial of the same cause.
(f) He was a juror in
a civil action against the defendant arising out of the act charged as a crime.
(g) He was a witness to
the act or acts alleged to constitute the crime.
(h) He occupies a
fiduciary relationship to the defendant or a person alleged to have been
injured by the crime or the person on whose complaint the prosecution was
instituted.
(i) His state of mind
with reference to the case or any of the parties is such that the court
determines there is doubt that he can act impartially and without prejudice to
the substantial rights of any party.
(3) All challenges for
cause must be made before the jury is sworn to try the case.
History: L. 1970, ch. 129, § 22-3410; July 1.
22-3411a. Felony trials; number of jurors.
In all felony trials,
upon the request of either the prosecution or the defendant, the court shall
cause enough jurors to be called, examined, and passed for cause before any
peremptory challenges are required, so that there will remain sufficient
jurors, after the number of peremptory challenges allowed by law for the case
on trial shall have been exhausted, to enable the court to cause 12 jurors to
be sworn to try the case.
History:
L. 1981, ch. 155, § 2; July 1.
22-3412.
Jury selection; peremptory challenges; swearing of jury; alternate or
additional jurors.
(a) (1) For crimes
committed before July 1, 1993, peremptory challenges shall be allowed as
follows:
(A) Each defendant
charged with a class A felony shall be allowed 12 peremptory challenges.
(B) Each defendant
charged with a class B felony shall be allowed eight peremptory challenges.
(C) Each defendant
charged with a felony other than class A or class B felony shall be allowed six
peremptory challenges.
(D) Each defendant
charged with a misdemeanor shall be allowed three peremptory challenges.
(E) Additional
peremptory challenges shall not be allowed on account of separate counts
charged in the complaint, information or indictment.
(F) The prosecution
shall be allowed the same number of peremptory challenges as all the
defendants.
(2) For crimes
committed on or after July 1, 1993, peremptory challenges shall be allowed as
follows:
(A) Each defendant
charged with an off-grid felony or a nondrug or drug felony ranked at severity
level 1 shall be allowed 12 peremptory challenges.
(B) Each defendant
charged with a nondrug felony ranked at severity level 2, 3, 4, 5 or 6, or a drug
felony ranked at severity level 2 or 3, shall be allowed 8 peremptory
challenges.
(C) Each defendant
charged with an unclassified felony, a nondrug severity level 7, 8, 9 or 10, or
a drug severity level 4 felony shall be allowed six peremptory challenges.
(D) Each defendant
charged with a misdemeanor shall be allowed three peremptory challenges.
(E) The prosecution
shall be allowed the same number of peremptory challenges as all defendants.
(F) The most serious
penalty offense charged against each defendant furnishes the criterion for
determining the allowed number of peremptory challenges for that defendant.
(G) Additional
peremptory challenges shall not be allowed when separate counts are charged in
the complaint, information or indictment.
(H) Except as
otherwise provided in this subsection, the provisions of this section shall
apply. In applying the provisions of this section, the trial court may
determine the number of peremptory challenges to allow by reviewing the
classification for the crime charged, or nearest comparable felony, as it was
classified under the criminal law in effect prior to July 1, 1993. If the
severity level of the most serious crime charged raises the potential penalty
above that of another crime which was classified higher under the criminal law
in effect prior to July 1, 1993, the defendant shall be allowed the number of
peremptory challenges as for that higher classified crime under the prior
system.
(I) The trial court
shall resolve any conflicts with a liberal construction in favor of allowing
the greater number of peremptory challenges.
(b) After the parties
have interposed all of their challenges to jurors, or have waived further
challenges, the jury shall be sworn to try the case.
(c) Immediately after
the jury is empaneled and sworn, a trial judge may empanel one or more
alternate or additional jurors whenever, in the judge's discretion, the judge
believes it advisable to have such jurors available to replace jurors who,
prior to the time the jury retires to consider its verdict, become or are found
to be unable to perform their duties. Such jurors shall be selected in the same
manner, have the same qualifications, and be subject to the same examination
and challenges and take the same oath and have the same functions, powers and
privileges as the regular jurors. Each party shall be entitled to one
peremptory challenge to such alternate jurors. Such alternate jurors shall be
seated near the other jurors, with equal power and facilities for seeing and
hearing the proceedings in the case, and they must attend at all times upon the
trial of the cause in company with the other jurors. They shall obey the orders
of and be bound by the admonition of the court upon each adjournment, but if
the regular jurors are ordered to be kept in custody during the trial of the
cause, such alternate jurors also shall be kept in confinement with the other
jurors. Upon final submission of the case to the jury, the alternate jurors may
be discharged or they may be retained separately and not discharged until the
final decision of the jury. If the alternate jurors are not discharged on final
submission of the case and if any regular juror shall be discharged from jury
service in any such action prior to the jury reaching its verdict, the court
shall draw the name of an alternate juror who shall replace the juror so
discharged and be subject to the same rules and regulations as though such
juror had been selected as one of the original jurors.
History: L. 1970, ch. 129, § 22-3412; L. 1973,
ch. 144, § 1; L. 1981, ch. 155, § 1; L. 1983, ch. 114, § 1; L. 1984, ch. 39, §
43; L. 1994, ch. 291, § 62; L. 1996, ch. 214, § 35; L. 1998, ch. 192, § 7; May
28.
22-3413.
Juror's knowledge of material fact.
If a juror has
personal knowledge of any fact material to the case, he must inform the court
and shall not speak of such fact to other jurors out of court. If a juror has
personal knowledge of a fact material to the case, gained from sources other
than evidence presented at trial and shall speak of such fact to other jurors
without the knowledge of the court or the defendant, he may be adjudged in
contempt and punished accordingly.
History: L. 1970, ch. 129, § 22-3413; July 1.
(1) The prosecuting
attorney shall state the case and offer evidence in support of the prosecution.
The defendant may make an opening statement prior to the prosecution's offer of
evidence, or may make such statement and offer evidence in support of such
statement after the prosecution rests.
(2) The parties may
then respectively offer rebutting testimony only, unless the court, for good
cause, permits them to offer evidence upon their original case.
(3) At the close of
the evidence or at such earlier time during the trial as the judge reasonably directs,
any party may file written requests that the court instruct the jury on the law
as set forth in the requests. The judge shall instruct the jury at the close of
the evidence before argument and the judge, in the judge's discretion, after
the opening statements, may instruct the jury on such matters as in the judge's
opinion will assist the jury in considering the evidence as it is presented. In
cases where there is some evidence which would reasonably justify a conviction
of some lesser included crime as provided in subsection (2) of K.S.A. 21-3107
and amendments thereto, the judge shall instruct the jury as to the crime
charged and any such lesser included crime.
The court shall pass
upon the objections to the instructions and shall either give each instruction
as requested or proposed or refuse to do so, or give the requested instruction
with modification. All instructions given or requested must be filed as a part
of the record of the case.
The court reporter
shall record all objections to the instructions given or refused by the court,
together with modifications made, and the rulings of the court.
No party may assign as
error the giving or failure to give an instruction, including a lesser included
crime instruction, unless the party objects thereto before the jury retires to
consider its verdict stating distinctly the matter to which the party objects
and the grounds of the objection unless the instruction or the failure to give
an instruction is clearly erroneous. Opportunity shall be given to make the
objections out of the hearing of the jury.
(4) When the jury has
been instructed, unless the case is submitted to the jury on either side or on
both sides without argument, the prosecuting attorney may commence and may
conclude the argument. If there is more than one defendant, the court shall
determine their relative order in presentation of evidence and argument. In
arguing the case, comment may be made upon the law of the case as given in the
instructions, as well as upon the evidence.
History: L. 1970, ch. 129, § 22-3414; L.
1971, ch. 114, § 7; L. 1998, ch. 185, § 3; July 1.
22-3415.
Laws applicable to witnesses; immunity from prosecution or punishment.
(a) The provisions of
law in civil cases relative to compelling the attendance and testimony of
witnesses, their examination, the administration of oaths and affirmations, and
proceedings as for contempt, to enforce the remedies and protect the rights of
the parties, shall extend to criminal cases so far as they are in their nature
applicable, unless other provision is made by statute.
(b) The county or
district attorney or the attorney general may at any time, on behalf of the
state, grant in writing to any person:
(1) Transactional
immunity. Any person granted transactional immunity shall not be prosecuted for
any crime which has been committed for which such immunity is granted or for
any other transactions arising out of the same incident.
(2) Use and derivative
immunity. Any person granted use and derivative use immunity may be prosecuted
for any crime, but the state shall not use any testimony against such person
provided under a grant of such immunity or any evidence derived from such
testimony. Any defendant may file with the court a motion to suppress in
writing to prevent the state from using evidence on the grounds that the
evidence was derived from and obtained against the defendant as a result of
testimony or statements made under such grant of immunity. The motion shall
state facts supporting the allegations. Upon a hearing on such motion, the
state shall have the burden to prove by clear and convincing evidence that the
evidence was obtained independently and from a collateral source.
(c) Any person granted
immunity under either or both of subsection (b)(1) or (2) may not refuse to
testify on grounds that such testimony may self incriminate unless such
testimony may form the basis for a violation of federal law for which immunity
under federal law has not been conferred. No person shall be compelled to
testify in any proceeding where the person is a defendant.
(d) No immunity shall
be granted for perjury as provided in K.S.A. 21-3805 and amendments thereto
which was committed in giving such evidence.
History: L. 1970, ch. 129, § 22-3415; L.
1972, ch. 122, § 1; L. 1999, ch. 56, § 3; July 1.
No prisoner in the
custody of the director of penal institutions shall be required to attend as a
witness in any criminal action or proceeding except on order of the court
before whom the prosecution is pending and under such terms as the court may
prescribe.
History: L. 1970, ch. 129, § 22-3416; July 1.
22-3417.
Objections to rulings.
Formal exceptions to
rulings or orders of the court are unnecessary. It is sufficient that a party,
at the time the ruling or order of the court is made or sought, makes known to
the court the action which he desires the court to take or his objection to the
action of the court and his grounds therefor; and, if a party has no
opportunity to object to a ruling or order at the time it is made, the absence
of an objection does not thereafter prejudice him.
History: L. 1970, ch. 129, § 22-3417; July 1.
22-3418.
View of place of crime.
Whenever in the
opinion of the court it is proper for the jurors to have a view of the place in
which any material fact occurred, it may order them to be conducted in a body
under the charge of an officer to the place, which shall be shown to them by
some person appointed by the court for that purpose. They may be accompanied by
the defendant, his counsel and the prosecuting attorney. While the jurors are
thus absent, no person other than the officer and the person appointed to show
them the place shall speak to them on any subject connected with the trial. The
officer or person appointed to show them the place shall speak to the jurors
only to the extent necessary to conduct them to and identify the place or thing
in question.
History: L. 1970, ch. 129, § 22-3418; July 1.
22-3419.
Motion for judgment of acquittal.
(1) The court on
motion of a defendant or on its own motion shall order the entry of judgment of
acquittal of one or more crimes charged in the complaint, indictment or
information after the evidence on either side is closed if the evidence is
insufficient to sustain a conviction of such crime or crimes. If a defendant's
motion for judgment of acquittal at the close of the evidence offered by the
prosecution is not granted, the defendant may offer evidence without having
reserved the right.
(2) If a motion for
judgment of acquittal is made at the close of all the evidence, the court may
reserve decision on the motion, submit the case to the jury and decide the
motion either before the jury returns a verdict or after it returns a verdict
of guilty or is discharged without having returned a verdict.
(3) If the jury
returns a verdict of guilty or is discharged without having returned a verdict,
a motion for judgment of acquittal may be made or renewed within seven days
after the jury is discharged or within such further time as the court may fix
during the seven-day period. If a verdict of guilty is returned the court may
on such motion set aside the verdict and enter judgment of acquittal. It shall
not be necessary to the making of such a motion that a similar motion has been
made prior to the submission of the case to the jury.
History: L. 1970, ch. 129, § 22-3419; July 1.
22-3420.
Conduct of jury after submission.
(1) When the case is
finally submitted to the jury, they shall retire for deliberation. They must be
kept together in some convenient place under charge of a duly sworn officer
until they agree upon a verdict, or be discharged by the court, subject to the
discretion of the court to permit them to separate temporarily at night, and at
their meals. The officer having them under his charge shall not allow any
communications to be made to them, or make any himself, unless by order of the
court; and before their verdict is rendered he shall not communicate to any
person the state of their deliberations, or the verdict agreed upon. No person
other than members of the jury shall be present in the jury room during
deliberations.
(2) If the jury is
permitted to separate, either during the trial or after the case is submitted
to them, they shall be admonished by the court that it is their duty not to
converse with, or allow themselves to be addressed by any other person on any
subject of the trial, and that it is their duty not to form or express an
opinion thereon until the case is finally submitted to them, and that such
admonition shall apply to every subsequent separation of the jury.
(3) After the jury has
retired for deliberation, if they desire to be informed as to any part of the
law or evidence arising in the case, they may request the officer to conduct
them to the court, where the information on the point of the law shall be
given, or the evidence shall be read or exhibited to them in the presence of
the defendant, unless he voluntarily absents himself, and his counsel and after
notice to the prosecuting attorney.
(4) The jury may be
discharged by the court on account of the sickness of a juror, or other
accident or calamity, or other necessity to be found by the court requiring
their discharge, or by consent of both parties, or after they have been kept
together until it satisfactorily appears that there is no probability of their
agreeing.
History: L. 1970, ch. 129, § 22-3420; July 1.
The verdict shall be
written, signed by the presiding juror and read by the clerk to the jury, and
the inquiry made whether it is the jury's verdict. If any juror disagrees, the
jury must be sent out again; but if no disagreement is expressed, and neither
party requires the jury to be polled, the verdict is complete and the jury
discharged from the case. If the verdict is defective in form only, it may be
corrected by the court, with the assent of the jury, before it is discharged.
History: L. 1970, ch. 129, § 22-3421; L.
1984, ch. 112, § 23; July 1.
When the defendant
appears for judgment, he must be informed by the court of the verdict of the
jury, or the finding of the court and asked whether he has any legal cause to
show why judgment should not be rendered. If none is shown the court shall
pronounce judgment against the defendant.
History: L. 1970, ch. 129, § 22-3422; July 1.
(1) The trial court
may terminate the trial and order a mistrial at any time that he finds
termination is necessary because:
(a) It is physically
impossible to proceed with the trial in conformity with law; or
(b) There is a legal
defect in the proceedings which would make any judgment entered upon a verdict
reversible as a matter of law and the defendant requests or consents to the
declaration of a mistrial; or
(c) Prejudicial
conduct, in or outside the courtroom, makes it impossible to proceed with the
trial without injustice to either the defendant or the prosecution; or
(d) The jury is unable
to agree upon a verdict; or
(e) False statements
of a juror on voir dire prevent a
fair trial; or
(f) The trial has been
interrupted pending a determination of the defendant's competency to stand
trial.
(2) When a mistrial is
ordered, the court shall direct that the case be retained on the docket for
trial or such other proceedings as may be proper and that the defendant be held
in custody pending such further proceedings, unless he is released pursuant to
the terms of an appearance bond.
History: L. 1970, ch. 129, § 22-3423; July 1.
22-3424.
Judgment and sentence.
(a) The judgment shall
be rendered and sentence imposed in open court.
(b) If the verdict or
finding is not guilty, judgment shall be rendered immediately and the defendant
shall be discharged from custody and the obligation of the defendant's
appearance bond.
(c) If the verdict or
finding is guilty, judgment shall be rendered and sentence pronounced without
unreasonable delay, allowing adequate time for the filing and disposition of
post-trial motions and for completion of such presentence investigation as the
court may require.
(d) If the verdict or
finding is guilty, upon request of the victim or the victim's family and before
imposing sentence, the court shall hold a hearing to establish restitution. The
defendant may waive the right to the hearing and accept the amount of
restitution as established by the court. family, the order shall be enforced as
a judgment of restitution pursuant to K.S.A. 1995 Supp. 60-4301 through
60-4304.
(e) Before imposing
sentence the court shall: (1) Allow the prosecuting attorney to address the
court, if the prosecuting attorney so requests; (2) afford counsel an
opportunity to speak on behalf of the defendant; (3) allow the victim or such
members of the victim's family as the court deems appropriate to address the
court, if the victim or the victim's family so requests; and (4) address the
defendant personally and ask the defendant if the defendant wishes to make a
statement on the defendant's own behalf and to present any evidence in
mitigation of punishment.
(f) After imposing
sentence in a case which has gone to trial on a plea of not guilty, the court
shall advise the defendant of the defendant's right to appeal and of the right
of a person who is unable to pay the costs of an appeal to appeal in forma pauperis.
History: L. 1970, ch. 129, § 22-3424; L.
1991, ch. 90, § 2; L. 1993, ch. 166, § 4; L. 1993, ch. 291, § 273; L. 1995, ch.
257, § 3; July 1.
22-3425.
Commitment for failure to pay fine and costs.
(1) When a defendant
is adjudged to pay a fine and costs, the court may order him to be committed to
the county jail until such fine and costs are paid or may make an order
providing for the payment of such fines and costs in installments.
(2) Any person
confined in the county jail for failure to pay a fine or costs may be released
by the court which imposed sentence, upon satisfactory proof that such person
is unable to pay such fine and costs. A release under this section shall not
discharge a person from his liability to pay the fine and costs adjudged
against him, but they may thereafter be collected by execution as on judgments
in civil cases.
History: L. 1970, ch. 129, § 22-3425; July 1.
22-3426.
Record of judgment; form and content of journal entry.
(a) When judgment is
rendered or sentence of imprisonment is imposed, upon a plea or verdict of
guilty, a record thereof shall be made upon the journal of the court,
reflecting, if applicable, conviction or other judgment, the sentence if
imposed, and the commitment, which record among other things shall contain a
statement of the crime charged, and under what statute; the plea or verdict and
the judgment rendered or sentence imposed, and under what statute, and a
statement that the defendant was duly represented by counsel naming such
counsel, or a statement that the defendant has stated on the record or in
writing that the defendant did not want representation of counsel.
(b) If defendant is
sentenced to the custody of the secretary of corrections the journal entry
shall record in a judgment form, if used, all the information required under
K.S.A. 21-4620 and amendments thereto unless such section is not
applicable. It shall be the duty of the
court personally to examine the journal entry and to sign the same.
(d) For felony
convictions for crimes committed on or after July 1, 1993, in addition to the
provisions of subsections (a) through (c), the journal entry shall contain the
following information:
(1) Court case number;
(2) Kansas bureau of
investigation number;
(3) case transaction
number;
(4) court O.R.I.
number;
(5) the type of
counsel;
(6) type of trial, if
any;
(7) pretrial status of
the offender;
(8) the date of the
sentencing hearing;
(9) a listing of
offenses for which the defendant is convicted;
(10) the criminal
history classification;
(11) the sentence
imposed for each offense including postrelease or probation supervision
durations;
(12) whether the
sentences run concurrently or consecutively;
(13) amount of credit
for time spent incarcerated;
(14) period ordered in
county jail as a condition of probation;
(15) a listing of
offenses in which a departure sentence is imposed;
(16) type of departure
sentence; and
(17) factors cited as
a basis for departure sentence.
The journal entry
shall be recorded on a form approved by the Kansas sentencing commission.
History: L. 1970, ch. 129, § 22-3426; L.
1980, ch. 104, § 6; L. 1992, ch. 239, § 260; L. 1993, ch. 291, § 193; L. 1994,
ch. 291, § 91; L. 1994, ch. 341, § 17; L. 1995, ch. 251, § 26; L. 1996, ch.
258, § 6; L. 2008, ch. 41, § 1; July 1.
22-3426a. Revocation of probation; form and content of
journal entry.
(a) For crimes
committed on or after July 1, 1993, when a convicted person is revoked for a
probation violation, a record thereof shall be made upon the journal of the
court. Such journal entry shall include:
(1) Court case number;
(2) Kansas bureau of investigation number;
(3) case transaction number;
(4) court O.R.I. number;
(5) name of the judge who heard the evidence;
(6) those present and whether defendant's counsel
was appointed or retained;
(7) date violator was sentenced to department of
corrections;
(8) offenses for which defendant was sentenced
and time to be served for each crime;
(9) total imprisonment term;
(10) supervision revoked;
(11) date motion to revoke defendant's probation
was filed; and
(12) whether there are sufficient evidence and
grounds for the court to revoke defendant's probation.
(b) It shall be the duty of the court to
personally examine the journal entry and sign the same.
(c) The journal entry shall be recorded on a form
approved by the Kansas sentencing commission.
History:
L. 1993, ch. 291, § 194; L. 1994, ch. 291, § 92; L. 1994, ch. 341, § 18;
L. 1995, ch. 251, § 27; L. 1996, ch. 258, § 7; L. 2008, ch. 41, § 2; July 1.
22-3427.
Execution of sentence.
(1) When any person
has been convicted of a violation of any law of the state of Kansas and has
been sentenced to confinement, it shall be the duty of the sheriff of the
county, upon receipt of a certified copy of the journal entry of judgment,
judgment form showing conviction, sentence, and commitment, or an order of
commitment supported by a recorded judgment of sentence, to cause such person
to be confined in accordance with the sentence.
(2) The certified copy
of a judgment and sentence to confinement or imprisonment shall be sufficient
authority for the jailer or warden or other person in charge of the place of
confinement to detain such person for the period of the sentence.
History: L. 1970, ch. 129, § 22-3427; L.
1980, ch. 104, § 7; April 24.
22-3428.
Persons acquitted or verdict of not guilty and jury answers affirmative to
special question; commitment to state security hospital; determination of
whether person is a mentally ill person, notice and hearing; procedure for
transfer, release or discharge, standards, notice and hearing.
(1) (a) When a
defendant is acquitted and the jury answers in the affirmative to the special
question asked pursuant to K.S.A. 22-3221 and amendments thereto, the defendant
shall be committed to the state security hospital for safekeeping and
treatment. A finding of not guilty and the jury answering in the affirmative to
the special question asked pursuant to K.S.A. 22-3221 and amendments thereto,
shall be prima facie evidence that the acquitted defendant is presently likely
to cause harm to self or others.
(b) Within 90 days of
the defendant's admission, the chief medical officer of the state security
hospital shall send to the court a written evaluation report. Upon receipt of
the report, the court shall set a hearing to determine whether or not the
defendant is currently a mentally ill person. The hearing shall be held within
30 days after the receipt by the court of the chief medical officer's report.
(c) The court shall
give notice of the hearing to the chief medical officer of the state security
hospital, the district or county attorney, the defendant and the defendant's
attorney. The court shall inform the defendant that such defendant is entitled
to counsel and that counsel will be appointed to represent the defendant if the
defendant is not financially able to employ an attorney as provided in K.S.A.
22-4503 et seq. and amendments thereto. The defendant shall remain at the state
security hospital pending the hearing.
(d) At the hearing,
the defendant shall have the right to present evidence and cross-examine
witnesses. At the conclusion of the hearing, if the court finds by clear and
convincing evidence that the defendant is not currently a mentally ill person,
the court shall dismiss the criminal proceeding and discharge the defendant,
otherwise the court may commit the defendant to the state security hospital for
treatment or may place the defendant on conditional release pursuant to
subsection (4).
(2) Subject to the
provisions of subsection (3):
(a) Whenever it
appears to the chief medical officer of the state security hospital that a
person committed under subsection (1)(d) is not likely to cause harm to other
persons in a less restrictive hospital environment, the officer may transfer
the person to any state hospital, subject to the provisions of subsection (3).
At any time subsequent thereto during which such person is still committed to a
state hospital, if the chief medical officer of that hospital finds that the
person may be likely to cause harm or has caused harm, to others, such officer
may transfer the person back to the state security hospital.
(b) Any person
committed under subsection (1)(d) may be granted conditional release or
discharge as an involuntary patient.
(3) Before transfer of
a person from the state security hospital pursuant to subsection (2)(a) or
conditional release or discharge of a person pursuant to subsection (2)(b), the
chief medical officer of the state security hospital or the state hospital
where the patient is under commitment shall give notice to the district court
of the county from which the person was committed that transfer of the patient
is proposed or that the patient is ready for proposed conditional release or discharge.
Such notice shall include, but not be limited to: (a) Identification of the
patient; (b) the course of treatment; (c) a current assessment of the
defendant's mental illness; (d) recommendations for future treatment, if any;
and (e) recommendations regarding conditional release or discharge, if any.
Upon receiving notice, the district court shall order that a hearing be held on
the proposed transfer, conditional release or discharge. The court shall give
notice of the hearing to the state hospital or state security hospital where
the patient is under commitment and to the district or county attorney of the
county from which the person was originally ordered committed and shall order
the involuntary patient to undergo a mental evaluation by a person designated
by the court. A copy of all orders of the court shall be sent to the
involuntary patient and the patient's attorney. The report of the court ordered
mental evaluation shall be given to the district or county attorney, the
involuntary patient and the patient's attorney at least five days prior to the
hearing. The hearing shall be held within 30 days after the receipt by the
court of the chief medical officer's notice. The involuntary patient shall
remain in the state hospital or state security hospital where the patient is
under commitment until the hearing on the proposed transfer, conditional
release or discharge is to be held. At the hearing, the court shall receive all
relevant evidence, including the written findings and recommendations of the chief
medical officer of the state security hospital or the state hospital where the
patient is under commitment, and shall determine whether the patient shall be
transferred to a less restrictive hospital environment or whether the patient
shall be conditionally released or discharged. The patient shall have the right
to present evidence at such hearing and to cross-examine any witnesses called
by the district or county attorney. At the conclusion of the hearing, if the
court finds by clear and convincing evidence that the patient will not be
likely to cause harm to self or others if transferred to a less restrictive
hospital environment, the court shall order the patient transferred. If the
court finds by clear and convincing evidence that the patient is not currently
a mentally ill person, the court shall order the patient discharged or
conditionally released otherwise, the court shall order the patient to remain
in the state security hospital or state hospital where the patient is under
commitment. If the court orders the conditional release of the patient in
accordance with subsection (4), the court may order as an additional condition
to the release that the patient continue to take prescribed medication and
report as directed to a person licensed to practice medicine and surgery to
determine whether or not the patient is taking the medication or that the
patient continue to receive periodic psychiatric or psychological treatment.
(4) In order to ensure
the safety and welfare of a patient who is to be conditionally released and the
citizenry of the state, the court may allow the patient to remain in custody at
a facility under the supervision of the secretary of social and rehabilitation
services for a period of time not to exceed 30 days in order to permit
sufficient time for the secretary to prepare recommendations to the court for a
suitable reentry program for the patient. The reentry program shall be
specifically designed to facilitate the return of the patient to the community
as a functioning, self-supporting citizen, and may include appropriate
supportive provisions for assistance in establishing residency, securing
gainful employment, undergoing needed vocational rehabilitation, receiving
marital and family counseling, and such other outpatient services that appear
beneficial. If a patient who is to be conditionally released will be residing
in a county other than the county where the district court that ordered the
conditional release is located, the court shall transfer venue of the case to
the district court of the other county and send a copy of all of the court's
records of the proceedings to the other court. In all cases of conditional
release the court shall: (a) Order that the patient be placed under the
temporary supervision of district court probation and parole services,
community treatment facility or any appropriate private agency; and (b) require
as a condition precedent to the release that the patient agree in writing to
waive extradition in the event a warrant is issued pursuant to K.S.A. 22-3428b
and amendments thereto.
(5) At any time during
the conditional release period, a conditionally released patient, through the
patient's attorney, or the county or district attorney of the county in which
the district court having venue is located may file a motion for modification
of the conditions of release, and the court shall hold an evidentiary hearing
on the motion within 15 days of its filing. The court shall give notice of the
time for the hearing to the patient and the county or district attorney. If the
court finds from the evidence at the hearing that the conditional provisions of
release should be modified or vacated, it shall so order. If at any time during
the transitional period the designated medical officer or supervisory personnel
or the treatment facility informs the court that the patient is not
satisfactorily complying with the provisions of the conditional release, the
court, after a hearing for which notice has been given to the county or
district attorney and the patient, may make orders: (a) For additional
conditions of release designed to effect the ends of the reentry program, (b)
requiring the county or district attorney to file a petition to determine
whether the patient is a mentally ill person as provided in K.S.A. 2001 Supp.
59-2957 and amendments thereto, or (c) requiring that the patient be committed
to the state security hospital or any state hospital. In cases where an
application is ordered to be filed, the court shall proceed to hear and
determine the application pursuant to the care and treatment act for mentally
ill persons and that act shall apply to all subsequent proceedings. The costs
of all proceedings, the mental evaluation and the reentry program authorized by
this section shall be paid by the county from which the person was committed.
(6) In any case in
which the defense that the defendant lacked the required mental state pursuant
to K.S.A. 22-3220 and amendments thereto is relied on, the court shall instruct
the jury on the substance of this section.
(7) As used in this
section and K.S.A. 22-3428a and amendments thereto:
(a) "Likely to
cause harm to self or others" means that the person is likely, in the
reasonably foreseeable future, to cause substantial physical injury or physical
abuse to self or others or substantial damage to another's property, or
evidenced by behavior causing, attempting or threatening such injury, abuse or
neglect.
(b) "Mentally ill
person" means any person who:
(A) Is suffering from
a severe mental disorder to the extent that such person is in need of
treatment; and
(B) is likely to cause
harm to self or others.
(c) "Treatment
facility" means any mental health center or clinic, psychiatric unit of a
medical care facility, psychologist, physician or other institution or
individual authorized or licensed by law to provide either inpatient or
outpatient treatment to any patient.
History: L. 1970, ch. 129, § 22-3428; L.
1971, ch. 117, § 1; L. 1975, ch. 200, § 1; L. 1976, ch. 163, § 23; L. 1978, ch.
129, § 1; L. 1979, ch. 97, § 1; L. 1980, ch. 105, § 1; L. 1982, ch. 148, § 2;
L. 1986, ch. 211, § 28; L. 1989, ch. 101, § 1; L. 1992, ch. 309, § 3; L. 1993,
ch. 247, § 2; L. 1995, ch. 251, § 28; L. 1996, ch. 167, § 45; L. 1996, ch. 246,
§ 1; July 1.
22-3428a. Same; annual hearing on continued commitment;
procedure, notice and standards.
(1) Any person found
not guilty, pursuant to K.S.A. 22-3220 and 22-3221, who remains in the state
security hospital or a state hospital for over one year pursuant to a
commitment under K.S.A. 22-3428 and amendments thereto shall be entitled
annually to request a hearing to determine whether or not the person continues
to be a mentally ill person. The request shall be made in writing to the
district court of the county where the person is hospitalized and shall be
signed by the committed person or the person's counsel. When the request is
filed, the court shall give notice of the request to: (a) The county or
district attorney of the county in which the person was originally ordered
committed, and (b) the chief medical officer of the state security hospital or
state hospital where the person is committed. The chief medical officer
receiving the notice, or the officer's designee, shall conduct a mental
examination of the person and shall send to the district court of the county
where the person is hospitalized and to the county or district attorney of the
county in which the person was originally ordered committed a report of the
examination within 20 days from the date when notice from the court was
received. Within 10 days after receiving the report of the examination, the
county or district attorney receiving it may file a motion with the district
court that gave the notice, requesting the court to change the venue of the
hearing to the district court of the county in which the person was originally
committed, or the court that gave the notice on its own motion may change the
venue of the hearing to the district court of the county in which the person
was originally committed. Upon receipt of that motion and the report of the
mental examination or upon the court's own motion, the court shall transfer the
hearing to the district court specified in the motion and send a copy of the
court's records of the proceedings to that court.
(2) After the time in which a change of venue may
be requested has elapsed, the court having venue shall set a date for the
hearing, giving notice thereof to the county or district attorney of the
county, the committed person and the person's counsel. If there is no counsel
of record, the court shall appoint a counsel for the committed person. The
committed person shall have the right to procure, at the person's own expense,
a mental examination by a physician or licensed psychologist of the person's
own choosing. If a committed person is financially unable to procure such an
examination, the aid to indigent defendants provisions of article 45 of chapter
22 of the Kansas Statutes Annotated shall be applicable to that person. A
committed person requesting a mental examination pursuant to K.S.A. 22-4508 and
amendments thereto may request a physician or licensed psychologist of the
person's own choosing and the court shall request the physician or licensed
psychologist to provide an estimate of the cost of the examination. If the
physician or licensed psychologist agrees to accept compensation in an amount
in accordance with the compensation standards set by the board of supervisors
of panels to aid indigent defendants, the judge shall appoint the requested
physician or licensed psychologist; otherwise, the court shall designate a
physician or licensed psychologist to conduct the examination. Copies of each
mental examination of the committed person shall be filed with the court at
least five days prior to the hearing and shall be supplied to the county or
district attorney receiving notice pursuant to this section and the committed
person's counsel.
(3) At the hearing the committed person shall
have the right to present evidence and cross-examine the witnesses. The court
shall receive all relevant evidence, including the written findings and
recommendations of the chief medical officer of the state security hospital or
state hospital where the person is under commitment, and shall determine
whether the committed person continues to be a mentally ill person. At the
hearing the court may make any order that a court is empowered to make pursuant
to subsections (3), (4) and (5) of K.S.A. 22-3428 and amendments thereto. If
the court finds by clear and convincing evidence the committed person is not a
mentally ill person, the court shall order the person discharged; otherwise,
the person shall remain committed or be conditionally released.
(4) Costs of a hearing held pursuant to this
section shall be assessed against and paid by the county in which the person
was originally ordered committed.
History:
L. 1978, ch. 127, § 1; L. 1979, ch. 97, § 2; L. 1980, ch. 105, § 2; L.
1982, ch. 148, § 3; L. 1986, ch. 211, § 29; L. 1986, ch. 299, § 3; L. 1986, ch.
134, § 1; L. 1989, ch. 101, § 2; L. 1993, ch. 247, § 3; L. 1995, ch. 251, § 29;
Jan. 1, 1996.
22-3428b. Same; violation of conditions of release;
return to custody.
Any person who
violates an order of conditional release entered pursuant to K.S.A. 22-3428 or
22-3428a, and any amendments to such sections, shall be subject to contempt of
court proceedings. Upon a finding of probable cause to believe that a person
has violated the conditions of any such order the district court may issue a
warrant directing any law enforcement officer to take such person into custody
and return the defendant to the custody of the court or to any facility
designated by the court.
History:
L. 1980, ch. 105, § 3; July 1.
22-3429.
Mental examination, evaluation and report after conviction and prior to sentence;
limit on commitment.
After conviction and
prior to sentence and as part of the presentence investigation authorized by
K.S.A. 21-4604 and amendments thereto or for crimes committed on or after July
1, 1993, a presentence investigation report as provided in K.S.A. 21-4714 and
amendments thereto, the trial judge may order the defendant committed for
mental examination, evaluation and report. If the defendant is convicted of a
felony, the commitment shall be to the state security hospital or any suitable
local mental health facility. If the defendant is convicted of a misdemeanor,
the commitment shall be to a state hospital or any suitable local mental health
facility. If adequate private facilities are available and if the defendant is
willing to assume the expense thereof, commitment may be to a private hospital.
A report of the examination and evaluation shall be furnished to the judge and
shall be made available to the prosecuting attorney and counsel for the
defendant. A defendant may not be detained for more than 120 days under a
commitment made under this section.
History: L. 1970, ch. 129, § 22-3429; L.
1992, ch. 309, § 4; L. 1993, ch. 291, § 195; L. 1994, ch. 291, § 63; July 1.
22-3430.
Commitment to certain institutions as a result of a K.S.A. 22-3429 examination,
when; standards; costs; appeal by defendant.
(a) If the report of
the examination authorized by K.S.A. 22-3429 and amendments thereto shows that
the defendant is in need of psychiatric care and treatment, that such treatment
may materially aid in the defendant's rehabilitation and that the defendant and
society are not likely to be endangered by permitting the defendant to receive
such psychiatric care and treatment, in lieu of confinement or imprisonment,
the trial judge shall have power to commit such defendant to: (1) The state
security hospital or any county institution provided for the reception, care,
treatment and maintenance of mentally ill persons, if the defendant is
convicted of a felony; or (2) any state or county institution provided for the
reception, care, treatment and maintenance of mentally ill persons, if the
defendant is convicted of a misdemeanor. The court may direct that the
defendant be detained in such hospital or institution until further order of
the court or until the defendant is discharged under K.S.A. 22-3431 and
amendments thereto. No period of detention under this section shall exceed the
maximum term provided by law for the crime of which the defendant has been
convicted. The cost of care and treatment provided by a state institution shall
be assessed in accordance with K.S.A. 59-2006 and amendments thereto.
(b) No defendant
committed to the state security hospital pursuant to this section upon
conviction of a felony shall be transferred or released from such hospital
except on recommendation of the staff of such hospital.
(c) The defendant may
appeal from any order of commitment made pursuant to this section in the same
manner and with like effect as if sentence to a jail, or to the custody of the
secretary of corrections had been imposed.
History: L. 1970, ch. 129, § 22-3430; L.
1992, ch. 309, § 5; L. 1993, ch. 247, § 4; July 1.
22-3431.
Commitment to certain institutions as a result of mental examination and report
after conviction and prior to sentence; disposition upon completion of
treatment; notice and hearing.
(a) Whenever it
appears to the chief medical officer of the institution to which a defendant
has been committed under K.S.A. 22-3430 and amendments thereto, that the
defendant will not be improved by further detention in such institution, the
chief medical officer shall give written notice thereof to the district court
where the defendant was convicted. Such notice shall include, but not be
limited to: (1) Identification of the patient; (2) the course of treatment; (3)
a current assessment of the defendant's psychiatric condition; (4)
recommendations for future treatment, if any; and (5) recommendations regarding
discharge, if any.
(b) Upon receiving
such notice, the district court shall order that a hearing be held. The court
shall give notice of the hearing to: (1) The state hospital or state security
hospital where the defendant is under commitment; (2) the district or county
attorney of the county from which the defendant was originally committed; (3)
the defendant; and (4) the defendant's attorney. The court shall inform the
defendant that such defendant is entitled to counsel and that counsel will be
appointed to represent the defendant if the defendant is not financially able
to employ an attorney as provided in K.S.A. 22-4503 et seq. and amendments
thereto. The hearing shall be held within 30 days after the receipt by the
court of the chief medical officer's notice.
(c) At the hearing,
the defendant shall be sentenced, committed, granted probation, assigned to a
community correctional services program, as provided by K.S.A. 75-5291 and
amendments thereto, or discharged as the court deems best under the
circumstance. The time spent in a state or local institution pursuant to a commitment
under K.S.A. 22-3430 and amendments thereto shall be credited against any
sentence, confinement or imprisonment imposed on the defendant.
History: L. 1970, ch. 129, § 22-3431; L.
1971, ch. 114, § 8; L. 1986, ch. 123, § 22; L. 1993, ch. 247, § 5; L. 2000, ch.
182, § 7; May 25.
22-3432.
Information for secretary of corrections concerning person convicted.
It shall be the duty
of the county or district attorney of the county in which a person has been
convicted of a felony and sentenced to imprisonment to furnish to the secretary
of corrections information pertaining to the facts and circumstances
surrounding the commission of the offense, including any aggravating or
mitigating circumstances, and such other information which has come to the
attention of the county attorney which might have a bearing in determining the
possibility of the inmate thereafter becoming a useful citizen. This
information shall be set forth on forms provided by the secretary and shall be
submitted at the time the inmate is committed. Such information shall be
forwarded by the secretary to the correctional institution receiving such
inmate.
History: L. 1970, ch. 129, § 22-3432; L.
1975, ch. 201, § 1; July 1.
22-3433.
Recorded statement of child victim admissible in certain cases; limitations.
(a) In any criminal
proceeding in which a child less than 13 years of age is alleged to be a victim
of the crime, a recording of an oral statement of the child, made before the
proceeding began is admissible in evidence if:
(1) The court
determines that the time, content and circumstances of the statement provide
sufficient indicia of reliability;
(2) no attorney for
any party is present when the statement is made;
(3) the recording is
both visual and aural and is recorded on film or videotape or by other
electronic means;
(4) the recording
equipment is capable of making an accurate recording, the operator of the
equipment is competent and the recording is accurate and has not been altered;
(5) the statement is
not made in response to questioning calculated to lead the child to make a
particular statement or is clearly shown to be the child's statement and not
made solely as a result of a leading or suggestive question;
(6) every voice on the
recording is identified;
(7) the person
conducting the interview of the child in the recording is present at the
proceeding and is available to testify or be cross-examined by any party;
(8) each party to the
proceeding is afforded an opportunity to view the recording before it is
offered into evidence, and a copy of a written transcript is provided to the
parties; and
(9) the child is
available to testify.
(b) If a recording is admitted in evidence under this section, any party to the proceeding may call the child to testify and be cross-examined, eit