The bill amends K.S.A. 22-3302 and K.S.A. 22-3303 to establish new procedures for evaluating the competency of defendants to stand trial, particularly focusing on the distinction between misdemeanor and felony charges. For misdemeanor charges, the court is required to order an outpatient examination, while for felony charges, outpatient evaluations may be ordered, but a hearing is necessary to justify any inpatient evaluations. The bill emphasizes the importance of providing copies of evaluation orders to relevant state officials and outlines the process for determining competency, including the potential for jury involvement and the requirement for psychiatric or psychological examinations. It also ensures that statements made during these evaluations cannot be used against the defendant in court.

Additionally, the bill mandates that defendants found incompetent must undergo specific evaluation and treatment procedures, which may include outpatient or inpatient care, with hearings scheduled to assess competency within defined timeframes. It also addresses the administration of psychotropic medications, stipulating that they can only be prescribed according to accepted clinical practices and outlines conditions for withholding medications prior to hearings. The bill includes provisions for administering medication against a defendant's objection under certain criteria and prohibits the use of experimental medications without consent. Overall, the bill repeals existing sections of K.S.A. 22-3302 and K.S.A. 22-3303, indicating a comprehensive update to the legal framework surrounding the treatment and evaluation of defendants with mental health issues.

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