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Incompetency/ Insanity

Incompetency

A person is "incompetent to stand trial" when he is charged with a crime and, because of mental illness or defect is unable: (a) To understand the nature and purpose of the proceedings against him; or (b) to make or assist in making his defense. Kan. Stat. Ann. § 22-3301

Proceedings and evaluation to determine competency. Kan. Stat. Ann. § 22-3302

Procedures for involuntary commitment of the incompetent.  Kan. Stat. Ann. § 22-3303

Insanity

Evidence of mental disease or defect that prevents criminal responsibility is not admissible at trial unless the defendant serves upon the prosecutor and files with the court a written notice of the defendant's intention to assert the defense that the defendant, as a result of mental disease or defect lacked the mental state required as an element of the offense charged. Kan. Stat. Ann. § 22-3219

In any case in which the defense has offered substantial evidence of a mental disease or defect excluding the mental state required as an element of the offense charged, and the jury returns a verdict of "not guilty," the jury shall also answer a special question in the following form:  "Do you find the defendant not guilty solely because the defendant, at the time of the alleged crime, was suffering from a mental disease or defect which rendered the defendant incapable of possessing the required criminal intent?"  Kan. Stat. Ann. § 22-3221

Special Rules

A task force was created to investigate programs for offenders who may be incompetent to stand trial but do not meet the criteria for involuntary commitment. Kan. Stat. Ann. § 22-3306

Sentencing

Lack of capacity can be a mitigating factor. Kan. Stat. Ann. § 21-6625

Upon being convicted of murder, a hearing is held to determine if the defendant has an intellectual disability. If he does, he cannot be sentenced to death or life without parole and he is not subject to mandatory minimums.  Kan. Stat. Ann. § 21-6622

Death Penalty

If the court determines that there is not sufficient reason to believe that the defendant is mentally retarded, the court shall so find and the defendant shall be sentenced. If the court determines that there is sufficient reason to believe that the defendant is mentally retarded, the court shall conduct a hearing to determine whether the defendant is mentally retarded. If, at the conclusion of a hearing, the court determines that the defendant is mentally retarded, the court shall sentence the defendant as otherwise provided by law, and no sentence of death or life without the possibility of parole shall be imposed.  Kan. Stat. Ann. § 21-4623

Post-Conviction