(1) Evidence of mental disease or defect excluding criminal responsibility is not
admissible upon a trial unless the defendant serves upon the prosecuting attorney
and files with the court a written notice of such 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. Such notice must be served and filed before trial and not more than 30 days after
entry of the plea of not guilty to the information or indictment. For good cause shown the court may permit notice at a later date.
(2) A defendant who files a notice of 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 thereby submits and consents to abide by such further orders
as the court may make requiring the mental examination of the defendant and designating
the place of examination and the physician or licensed psychologist by whom such examination
shall be made. No order of the court respecting a mental examination shall preclude the defendant
from procuring at such defendant's own expense an examination by a physician or licensed
psychologist of such defendant's own choosing. A defendant requesting a mental examination pursuant to K.S.A. 22-4508, and amendments thereto, may request a physician or licensed psychologist of such
defendant's own choosing. The judge shall inquire as to the estimated cost for such examination and shall appoint
the requested physician or licensed psychologist if such 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. A report of each mental examination of the defendant shall be filed in the court and
copies thereof shall be supplied to the defendant and the prosecuting attorney.
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