The bill amends K.S.A. 22-3302 and K.S.A. 22-3303 to establish clearer procedures for assessing a defendant's competency to stand trial, particularly focusing on the distinction between misdemeanor and felony charges. For misdemeanor charges, the court is mandated to order an outpatient examination, while for felony charges, outpatient evaluations are permitted but require a hearing to justify any inpatient evaluations. The bill also emphasizes the importance of providing copies of evaluation orders to relevant state officials and ensures that statements made by defendants during these evaluations cannot be used against them in court. A timeline is set for competency evaluations, requiring certification within 90 days, and if a defendant is found incompetent, involuntary commitment proceedings must be initiated if competency is not restored within six months.

Furthermore, the bill outlines the responsibilities of the court, prosecuting attorney, and medical officers in managing defendants' treatment, whether inpatient or outpatient, and ensures that defendants receive credit for time spent in public institutions if they are later sentenced. It also addresses the administration of psychotropic medications, stipulating that prescriptions must be monitored for side effects and that the court must assess the necessity of medication if a defendant objects. The bill includes repeals of certain sections of existing law, indicating a significant restructuring of the intersection between mental health treatment and the criminal justice system, ultimately aiming to protect defendants' rights while streamlining the competency evaluation process.

Statutes affected:
As introduced: 22-3302, 22-3303