Kansas Motion for Psychiatric Examination of Defendant

Category:
State:
Multi-State
Control #:
US-00802
Format:
Word; 
Rich Text
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Description

This form is a model motion for psychiatric examination of an indigent defendant by a private psychiatrist. The motion is made by defendant's attorney in hopes of ascertaining whether defendant is fit to stand trail. The court is asked to pay for the examination due to the defendant's indigence.
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FAQ

When a person refuses mental health treatment, it is important to listen, express your concerns, and ask them how you can help. If a person shows signs of a mental health emergency, then you should take action right away by contacting 911 or your local crisis response team.

A medical provider or COMCARE may file a petition in the District Court alleging a patient is in need of care and treatment due to a mental illness. The involuntary commitment process is a civil action and is not a criminal action.

A party shall have twenty-one (21) days to respond to a motion to dismiss or for summary judgment. The party may, within fourteen (14) days after the service of such response in opposition upon him, file an original with the clerk and serve upon all other parties a copy of a written reply memorandum.

Kansas, like all states, sets time limits for filing lawsuits and other civil/criminal actions under its statutes of limitations laws. These are imposed to create a fair system for all parties involved, allowing both the plaintiff and the defendant to plan and prepare ingly.

This law requires community mental health centers (CMHC) to conduct a ?screening? before someone can be admitted to a state psychiatric hospital (like Osawatomie or Larned State Hospitals) without their permission.

59-2957 and amendments thereto seeking involuntary commitment of a voluntary patient who now lacks capacity to make an informed decision concerning treatment and who is refusing reasonable treatment efforts or has requested discharge from the treatment facility.

Under section 21?5209 of the Kansas Statutes, it is a defense to prosecution under any statute, if, ?as a result of mental disease or defect, [the defendant] lacked the culpable mental state required as an element of the crime charged.?[40] The only way mental illness may be used as a defense in Kansas is by proving a ...

(c) (1) Intimidation of a witness or victim is a class B person misdemeanor. (2) Aggravated intimidation of a witness or victim is a severity level 6, person felony.

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Kansas Motion for Psychiatric Examination of Defendant