The bill amends K.S.A. 22-3302 and 22-3303 to introduce new procedures for assessing the competency of defendants to stand trial. It mandates that for misdemeanor charges, courts must order outpatient examinations of the defendant's competency, while for felony charges, outpatient evaluations may be ordered, but a hearing is required to justify any inpatient evaluations. The bill also requires the court to provide copies of evaluation orders to relevant state officials. Additionally, it outlines the competency determination process, including the option to impanel a jury and mandates psychiatric or psychological examinations, ensuring that statements made during these evaluations cannot be used against the defendant in court.
Furthermore, the bill streamlines the legal framework for evaluating defendants with mental health issues by repealing existing sections of K.S.A. 22-3302 and 22-3303. It establishes that defendants previously deemed incompetent may have their competency reassessed if reasonable grounds exist. The bill also ensures that defendants committed to public institutions receive credit for time served when sentenced. It details the court's responsibilities in notifying victims and managing treatment, allows for inpatient evaluation based on mental condition, and addresses the administration of psychotropic medications while safeguarding defendants' rights to participate in hearings.
Statutes affected: As introduced: 22-3302, 22-3303