The bill amends Kansas law concerning the competency of defendants to stand trial, particularly for serious offenses. It requires that defendants deemed incompetent undergo evaluation and treatment, which can be outpatient or inpatient, and specifies that evaluations should not take place in jails without permission. If a defendant does not regain competency within six months, the court must begin involuntary commitment proceedings. The bill also introduces new requirements for petitions and reports in these proceedings, clarifies the definition of a "mentally ill person subject to involuntary commitment," and emphasizes timely communication among medical officers, the court, and prosecutors regarding the defendant's mental health status.
Furthermore, the legislation modifies the treatment and evaluation process for defendants committed to public institutions, ensuring they receive credit for time spent in confinement and allowing for the prescription of psychotropic medications under clinical guidelines. It removes the requirement for a prosecuting attorney to initiate involuntary commitment proceedings, granting concurrent standing to the secretary for aging and disability services. The bill also clarifies definitions related to mental health professionals and treatment facilities, repeals outdated sections of existing law, and aims to enhance the clarity and effectiveness of mental health service delivery in Kansas.
Statutes affected: As introduced: 22-3303, 22-3305, 59-2946, 59-30