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SENATE BILL No. 374
AN ACT concerning criminal procedure; relating to competency of a defendant to stand
trial; establishing procedures in the Kansas code of procedure for municipal courts
related to determination of an accused person's competency to stand trial; authorizing
a municipal judge to order an examination; authorizing a district court judge to rely
on a psychiatric or psychological examination ordered by a municipal court to
facilitate an examination; requiring further consideration of evaluation and treatment
for defendants charged with the most serious offenses; requiring certain items to be
contained in a petition and written report of the evaluation in an involuntary
commitment proceeding; setting requirements for involuntary commitment
proceedings when the defendant has not been committed or has been released and the
court has determined a probability does not exist that the defendant will regain
competency in the foreseeable future; requiring the court to make certain findings
with respect to a person who is alleged to be mentally ill and subject to involuntary
commitment for care and treatment when such person is also a criminal defendant;
amending K.S.A. 12-4113, 22-3302, 22-3303, 22-3305 and 59-2983 and repealing
the existing sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) At any time after a defendant has been served
with the complaint and before the satisfaction of sentence, if the
municipal judge before whom the proceedings are pending finds that
there is reason to believe that such defendant is incompetent to stand
trial, all speedy trial requirements shall be suspended and, after a
hearing, the court may order a psychiatric or psychological examination
of such defendant in accordance with this section.
(b) To facilitate a psychiatric or psychological examination, the
court may order that an examination and report be completed by:
(1) An appropriate state, county or private institution or facility;
(2) a licensed physician or psychologist who is qualified through
training or experience; or
(3) an examiner from a list of competency examiners used in the
district court where the municipal court is located.
(c) No statement made by a defendant during any examination
provided for by this section, whether or not such defendant consents to
the examination, shall be admitted in evidence against such defendant
in any criminal proceeding.
(d) The costs for an examination ordered pursuant to this section
shall be paid from municipal court funds or the general fund of the
municipality.
(e) An examination ordered pursuant to this section shall be
completed within 60 days of the court's order for such examination to
determine the defendant's competency.
(f) Before the expiration of the 60-day examination period, an
examiner approved by the court to examine a defendant shall certify to
the court whether such defendant is competent to stand trial.
(g) Upon certification to the court that a defendant subject to
examination under this section has been determined by the examiner to
be competent to stand trial, the suspended proceedings shall resume.
(h) Upon certification to the court that a defendant subject to
examination under this section has been determined by the examiner to
be incompetent to stand trial, the court shall conduct a hearing to make
a finding in writing regarding the competency of such defendant. Such
defendant shall be present for any hearing to determine competency.
(i) If the court finds that a defendant is incompetent to stand trial,
the criminal charges against such defendant shall be dismissed without
prejudice and the city attorney may:
(1) File a petition pursuant to K.S.A. 59-2945 et seq., and
amendments thereto, in the appropriate district court; or
(2) request that the district attorney or county attorney review the
case for the filing of a complaint in the district court.
(j) If the city attorney receives credible information that a
defendant who was previously found to be incompetent to stand trial
SENATE BILL No. 374—page 2
has regained competency, the city attorney may refile the charges
within the applicable statute of limitations.
(k) If a charge is refiled by the city attorney pursuant to subsection
(j), the court shall conduct a hearing to make a finding in writing
regarding the current state of the defendant's competency. The
defendant shall be present for any hearing to determine competency.
(l) This section shall be a part of and supplemental to the Kansas
code of procedure for municipal courts.
(m) The provisions of this section shall take effect on and after
July 1, 2026.
Sec. 2. On and after July 1, 2026, K.S.A. 12-4113 is hereby
amended to read as follows: 12-4113. As used in this act:
(a) "Appearance bond" means an undertaking, with or without
security, entered into by a person in custody by which the person is
bound to comply with the conditions of the undertaking.
(b) "Accused person" means a person, corporation or other legal
entity accused by a complaint of the violation of a city ordinance.
(c) "Arraignment" means the formal act of calling the person
accused of violating an ordinance before the municipal court to inform
the person of the offense with which the person is charged, to ask the
person whether the person is guilty or not guilty and, if guilty, to
impose sentence.
(d) "Arrest" means the taking of a person into custody in order
that the person will appear to answer for the violation of an ordinance.
The giving of a notice to appear is not an arrest.
(e) "Bail" is the security given for the purpose of insuring
compliance with the terms of an appearance bond.
(f) "City attorney" means any attorney who represents the city in
the prosecution of an accused person for the violation of a city
ordinance.
(g) "Complaint" means a sworn written statement, or a written
statement by a law enforcement officer, of the essential facts
constituting a violation of an ordinance.
(h) "Custody" means the restraint of a person pursuant to an arrest.
(i) "Detention" means the temporary restraint of a person by a law
enforcement officer.
(j) "Law enforcement officer" means any person who by virtue of
office or public employment is vested by law with a duty to maintain
public order and to make arrests for violation of the laws of the state of
Kansas or ordinances of any municipality thereof.
(k) "Notice to appear" is a written notice to a person accused by a
complaint of having violated an ordinance of a city to appear at a stated
time and place to answer to the charge of the complaint.
(l) "Subpoena" is a process issued by the court to cause a witness
to appear and give testimony at a time and place therein specified.
(m) "Ordinance traffic infraction" is a violation of an ordinance
that proscribes or requires the same behavior as that proscribed or
required by a statutory provision that is classified as a traffic infraction
in K.S.A. 8-2118, and amendments thereto.
(n) "Warrant" is a written order made by a municipal judge
directed to any law enforcement officer commanding the officer to
arrest the person named or described in it.
(o) "Ordinance cigarette or tobacco infraction" is a violation of an
ordinance that proscribes the same behavior as proscribed by
subsection (m) or (n) of K.S.A. 79-3321 (m) or (n) , and amendments
thereto.
(p) A person is "incompetent to stand trial" when such person is
charged with a crime and, because of mental illness or defect, is unable
to:
SENATE BILL No. 374—page 3
(1) Understand the nature and purpose of the proceedings against
such person; or
(2) make or assist in making such person's defense.
(q) "Treatment provider" means any mental health center or
clinic, psychiatric unit of a medical care facility, psychologist,
physician or other institution or person authorized or licensed by law
to provide either inpatient or outpatient treatment to any patient.
Sec. 3. On and after July 1, 2026, K.S.A. 22-3302 is hereby
amended to read as follows: 22-3302. (a) At any time after the
defendant has been charged with a crime and before pronouncement of
sentence, the defendant, the defendant's counsel or the prosecuting
attorney may request a determination of the defendant's competency to
stand trial. If, upon the request of either party or upon the judge's own
knowledge and observation, the judge before whom the case is pending
finds that there is reason to believe that the defendant is incompetent to
stand trial, the proceedings shall be suspended and a hearing conducted
to determine the competency of the defendant.
(b) If the defendant is charged with a felony, the hearing to
determine the competency of the defendant shall be conducted by a
district judge.
(c) (1) The court shall determine the issue of competency and may
impanel a jury of six persons to assist in making the determination. The
court may order a psychiatric or psychological examination of the
defendant. To facilitate the examination, the court may:
(A) Order that an evaluation be completed by an appropriate state,
county or private institution or facility to be conducted in person or by
use of available electronic means while the defendant is in jail, at any
secure location or on pretrial release;
(B) designate an appropriate state, county or private institution or
facility to conduct the examination while the defendant is in jail, at any
secure location or on pretrial release; or
(C) appoint a licensed physician who is qualified through training
or experience or a licensed psychologist to examine the defendant and
report to the court; or
(D) rely on the psychiatric or psychological examination ordered
by a municipal court.
(2) If the court orders the defendant committed to an institution or
facility for the examination, the commitment shall be for a period not to
exceed 60 days from the date of admission or until the examination is
completed, whichever is the shorter period of time. No statement made
by the defendant in the course of any examination provided for by this
section, whether or not the defendant consents to the examination, shall
be admitted in evidence against the defendant in any criminal
proceeding.
(3) Before the expiration of the 60-day evaluation period, the
professional approved by the court to examine the defendant or, if the
defendant is committed for inpatient examination, the chief medical
officer or head of the appropriate institution or facility shall certify to
the court whether the defendant is competent to stand trial.
(4) Upon notification of the court that a defendant committed for
psychiatric or psychological examination under this subsection has
been found competent to stand trial, the court shall order that the
defendant be returned no later than seven days after receipt of the
notice for proceedings under this section. If the defendant is not
returned within that time, the county where the proceedings will be
held shall pay the costs of maintaining the defendant at the institution
or facility for the period of time the defendant remains at the institution
or facility in excess of the seven-day period.
(d) If the defendant is found to be competent, the proceedings that
SENATE BILL No. 374—page 4
have been suspended shall be resumed. If the proceedings were
suspended before or during the preliminary examination, the judge who
conducted the competency hearing may conduct a preliminary
examination or, if a district magistrate judge was conducting the
proceedings prior to the competency hearing, the judge who conducted
the competency hearing may order the preliminary examination to be
heard by a district magistrate judge.
(e) If the defendant is found to be incompetent to stand trial, the
court shall proceed in accordance with K.S.A. 22-3303, and
amendments thereto.
(f) If proceedings are suspended and a hearing to determine the
defendant's competency is ordered after the defendant is in jeopardy,
the court may either order a recess or declare a mistrial.
(g) The defendant shall be present personally at all proceedings
under this section.
Sec. 4. K.S.A. 22-3303 is hereby amended to read as follows: 22-
3303. (a) (1) A defendant who is charged with a crime and is found to
be incompetent to stand trial shall be ordered for evaluation and
treatment, conducted on an outpatient or inpatient basis, by an
appropriate state, county or private institution or facility. Evaluation or
restorative treatment of a defendant shall not be conducted in a jail
unless the administrative head or law enforcement official in charge of
the jail agrees to such evaluation or restorative treatment being
conducted in such jail.
(2) An evaluation and treatment may be ordered to be conducted
on an outpatient basis in person or by use of available electronic means
while the defendant is in jail, at any secure location, on pretrial release
or in any other appropriate setting.
(3) For a defendant charged with a misdemeanor offense,
outpatient evaluation and treatment may be ordered to be conducted by
an appropriate state, county or private institution or facility.
(4) For a defendant charged with a felony offense, outpatient
evaluation and treatment may be ordered to be conducted by an
appropriate state, county or private institution or facility.
(5) For a defendant charged with a felony offense, a commitment
to the state security hospital or its agent or a state hospital or its agent
may by conducted on a inpatient basis or, if the defendant meets the
screening criteria established by the state security hospital, on an
outpatient basis evaluation and treatment:
(A) Shall be ordered to be conducted on an inpatient basis by the
state security hospital or its agent or a state hospital or its agent except
as provided in paragraph (3)(B); or
(B) may be ordered to be conducted on an outpatient basis by an
appropriate state, county or private institution or facility if the
defendant meets the screening criteria established by the state security
hospital.
(6)(4) At the commencement of outpatient treatment, the
institution or facility conducting the treatment shall notify the
prosecuting attorney in the county where the criminal proceeding is for
the pending criminal proceeding for the purpose of providing victim
notification.
(b) (1) Except as provided in subsection (d), if the defendant is
ordered to receive an evaluation and treatment on an outpatient basis
conducted by an appropriate state, county or private institution or
facility, the chief medical officer of such institution or head of such
facility shall certify to the court, within 90 days after the
commencement of outpatient treatment, whether the defendant has a
substantial probability of attaining competency to stand trial in the
foreseeable future. The court shall set a hearing within 21 days after
SENATE BILL No. 374—page 5
certification unless exceptional circumstances warrant delay, for the
purpose of determining competency.
(2) If such probability does exist, the court shall order the
defendant to remain in jail or at a secure location, on pretrial release
pursuant to K.S.A. 22-2802, and amendments thereto, or at an
appropriate setting until the defendant attains competency to stand trial
or for a period of six months from the date of the commencement of
outpatient treatment, whichever occurs first. If such probability does
not exist, or if the defendant has not attained competency to stand trial
within six months after the date of the commencement of treatment, the
court shall order the prosecuting attorney where the charges are filed
for the pending criminal proceeding to commence involuntary
commitment proceedings pursuant to article 29 of chapter 59 of the
Kansas Statutes Annotated, and amendments thereto, within 21 days of
receipt of the certification from the chief medical officer of the
institution or head of the facility unless exceptional circumstances
warrant delay. When a defendant is charged with any off- grid felony,
any nondrug severity level 1 through 3 felony, or a violation of K.S.A.
21-3504, 21-3511, 21-3518, 21-3603 or 21-3719, prior to their repeal,
or K.S.A. 21-5505(b), 21-5506(b), 21-5508(b), 21-5604(b) or 21-
5812(b), and amendments thereto, or an attempt, conspiracy or
criminal solicitation of an offense described in this paragraph, and
commitment proceedings have commenced, for such proceeding,
"mentally ill person subject to involuntary commitment for care and
treatment" means a mentally ill person, as defined in K.S.A. 59-
2946(e), and amendments thereto, who is likely to cause harm to self or
others, as defined in K.S.A. 59-2946(f)(3), and amendments thereto.
The other provisions of K.S.A. 59-2946(f), and amendments thereto,
shall not apply.
(3) If a defendant who was found to have had a substantial
probability of attaining competency to stand trial, as provided in
paragraph (2), has not attained competency to stand trial within six
months from the date of the original commitment, the court shall order
the prosecuting attorney where the charges are filed or the secretary for
aging and disability services to commence involuntary commitment
proceedings pursuant to article 29 of chapter 59 of the Kansas Statutes
Annotated, and amendments thereto, within 21 days of receipt of the
certification from the chief medical officer of the institution or the head
of the facility unless exceptional circumstances warrant delay. When a
defendant is charged with any off-grid felony, any nondrug severity
level 1 through 3 felony, or a violation of K.S.A. 21-3504, 21-3511, 21-
3518, 21-3603 or 21-3719, prior to their repeal, K.S.A. 21-5505(b), 21-
5506(b), 21-5508(b), 21-5604(b) or 21-5812(b), and amendments
thereto, and commitment proceedings have commenced, for such
proceeding, "mentally ill person subject to involuntary commitment for
care and treatment" means a mentally ill person, as defined in K.S.A.
59-2946(e), and amendments thereto, who is likely to cause harm to
self or others, as defined in K.S.A. 59-2946(f)(3), and amendments
thereto. The other provisions of K.S.A. 59-2946(f), and amendments
thereto, shall not apply.
(4) When reasonable grounds exist to believe that a defendant who
has been adjudged incompetent to stand trial is competent, the court in
which the criminal case is pending shall conduct a hearing in
accordance with K.S.A. 22-3302, and amendments thereto, to
determine the person's present mental condition. Such court shall give
reasonable notice of such hearings to the prosecuting attorney, the
defendant and the defendant's attorney of record, if any. The
prosecuting attorney shall provide victim notification. If the court,
following such hearing, finds the defendant to be competent, the
SENATE BILL No. 374—page 6
proceedings pending against the defendant shall be resumed.
(5)(4) A defendant committed to a public institution or facility
under the provisions of this section who is thereafter sentenced for the
crime charged at the time of commitment shall be credited with all of
the time during which the defendant was committed and confined in
such public institution or facility.
(c) (1) Except as provided in subsection (d), if a defendant is
ordered or met criteria to receive an evaluation and treatment on an
outpatient basis conducted by the state security hospital or its agent or a
state hospital or its agent, the chief medical officer shall certify to the
court, within 90 days after commencement of treatment, whether the
defendant has a substantial probability of attaining competency to stand
trial in the foreseeable future.
(2) If such probability does exist, the court shall order the
defendant to remain in jail or at a secure location, on pretrial release
pursuant to K.S.A. 22-2802, and amendments thereto, or at an
appropriate setting until the defendant attains competency to stand trial
or for a period of six months from the date of the commencement of
outpatient treatment, whichever occurs first. If such probability does
not exist, or if the defendant has not attained competency to stand trial
within six months from the date of the commencement of treatment, the
court shall order the prosecuting attorney where the charges are filed or
the secretary for aging and disability services for the pending criminal
proceeding to commence involuntary commitment proceedings
pursuant to article 29 of chapter 59 of the Kansas Statutes Annotated,
and amendments thereto, within 21 days of receipt of the certification
from the chief medical officer of the institution or the head of the
facility unless exceptional circumstances warrant delay. When a
defendant is charged with any off-grid felony, any nondrug severity
level 1 through 3 felony or a violation of K.S.A. 21- 3504, 21-3511, 21-
3518, 21-3603 or 21-3719, prior to their repeal, or K.S.A. 21-5505(b),
21-5506(b), 21-5508(b), 21-5604(b) or 21-5812(b), and amendments
thereto, or an attempt, conspiracy or criminal solicitation of an offense
described in this paragraph, and commitment proceedings have
commenced, for such proceeding, "mentally ill person subject to
involuntary commitment for care and treatment" means a mentally ill
person, as defined in K.S.A. 59- 2946(e), and amendments thereto, who
is likely to cause harm to self or others, as defined in K.S.A. 59-2946(f)
(3), and amendments thereto. The other provisions of K.S.A. 59-
2946(f), and amendments thereto, shall not apply.
(3) If a defendant who was found to have had a substantial
probability of attaining competency to stand trial, as provided in
paragraph (2), has not attained competency to stand trial within six
months from the date of the original commitment, the court shall order
the prosecuting attorney where the charges are filed or the secretary for
aging and disability services to commence involuntary commitment
proceedings pursuant to article 29 of chapter 59 of the Kansas Statutes
Annotated, and amendments thereto, within 21 days of receipt of the
certification from the chief medical officer of the institution or the head
of the facility unless exceptional circumstances warrant delay. When a
defendant is charged with any off-grid felony, any nondrug severity
level 1 through 3 felony or a violation of K.S.A. 21-3504, 21-3511, 21-
3518, 21-3603 or 21-3719, prior to their repeal, or K.S.A. 21-5505(b),
21-5506(b), 21-5508(b), 21- 5604(b) or 21-5812(b), and amendments
thereto, and commitment proceedings have commenced, for such
proceeding, "mentally ill person subject to involuntary commitment for
care and treatment" means a mentally ill person, as defined in K.S.A.
59-2946(e), and amendments thereto, who is likely to cause harm to
self or others, as defined in K.S.A. 59-2946(f)(3), and amendments
SENATE BILL No. 374—page 7
thereto. The other provisions of K.S.A. 59-2946(f), and amendments
thereto, shall not apply.
(4) When reasonable grounds exist to believe that a defendant who
has been adjudged incompetent to stand trial is competent, the court in
which the criminal case is pending shall conduct a hearing in
accordance with K.S.A. 22-3302, and amendments thereto, to
determine the person's present mental condition. Such court shall give
reasonable notice of such hearings to the prosecuting attorney, the
defendant and the defendant's attorney of record, if any. The
prosecuting attorney shall provide victim notification. If the court,
following such hearing, finds the defendant to be competent, the
proceedings pending against the defendant shall be resumed.
(5)(4) A defendant committed to a public institution or facility
under the provisions of this section who is thereafter sentenced for the
crime charged at the time of commitment shall be credited with all of
the time during which the defendant was committed and confined in
such public institution or facility.
(d) (1) If the defendant is ordered or met criteria to receive an
evaluation and treatment on an outpatient basis and the chief medical
officer of the appropriate state, county or private institution or facility
determines that the defendant's mental health condition or behaviors
warrant terminating outpatient treatment services and commencing
evaluation and treatment on an inpatient basis, the chief medical officer
of the institution or the head of the facility shall provide a report to the
court within 10 days after outpatient treatment services are terminated.
Such report shall certify the date that outpatient treatment was
terminated and the reason inpatient evaluation and treatment services
are recommended. A copy of such report shall be provided to the chief
medical officer of the state security hospital. Upon receipt of such
report, the court shall issue any orders or warrants required to facilitate
the sheriff of the county where the charges are filed to take the
defendant into custody and transport such defendant to the state
security hospital or its agent or a state hospital or its agent for
admission for inpatient services. The chief medical officer shall submit
a report pursuant to subsection (e) as to whether the defendant has
attained competency within 90 days of the defendant's admission to
such hospital for inpatient evaluation and treatment.
(2) The court, prosecuting attorney where criminal charges are
pending, the defense counsel for a defendant charged with a felony
offense who is receiving outpatient evaluation and treatment services
and the chief medical officer of any institution or the head of any
facility where the defendant is receiving outpatient services shall
provide requested documentation to the state security hospital or its
agent or the state hospital or its agent for the purpose of managing
inpatient admission.
(e) (1) If the defendant is charged with a felony offense, the court
may order a defendant to receive inpatient evaluation and treatment at
an appropriate state, county or private institution or facility after
considering the defendant's mental condition, behaviors and the
availability of outpatient evaluation and treatment options. The chief
medical officer of the institution or the head of the facility shall certify
to the court, within 90 days after the commencement of inpatient
treatment, whether the defendant has a substantial probability of
attaining competency to stand trial in the foreseeable future.
(2) If such probability does exist, the court shall order the
defendant to remain in jail or at a secure location, on pretrial release
pursuant to K.S.A. 22-2802, and amendments thereto, or at an
appropriate setting until the defendant attains competency to stand trial
or for a period of six months from the date of the commencement of
SENATE BILL No. 374—page 8
inpatient treatment, whichever occurs first. If such probability does not
exist, or if the defendant has not attained competency to stand trial
within six months from the date of the commencement of treatment, the
court shall order the prosecuting attorney where the charges are filed or
the secretary for aging and disability services for the pending criminal
proceeding to commence involuntary commitment proceedings
pursuant to article 29 of chapter 59 of the Kansas Statutes Annotated,
and amendments thereto, within 21 days of receipt of the certification
from the chief medical officer of the institution or the head of the
facility unless exceptional circumstances warrant delay. When a
defendant is charged with any off-grid felony, any nondrug severity
level 1 through 3 felony or a violation of K.S.A. 21- 3504, 21-3511, 21-
3518, 21-3603 or 21-3719, prior to their repeal, or K.S.A. 21-5505(b),
21-5506(b), 21-5508(b), 21-5604(b) or 21-5812(b), and amendments
thereto, or an attempt, conspiracy or criminal solicitation of an offense
described in this paragraph, and commitment proceedings have
commenced, for such proceeding, "mentally ill person subject to
involuntary commitment for care and treatment" means a mentally ill
person, as defined in K.S.A. 59-2946(e), and amendments thereto, who
is likely to cause harm to self or others, as defined in K.S.A. 59-2946(f)
(3), and amendments thereto. The other provisions of K.S.A. 59-
2946(f), and amendments thereto, shall not apply.
(3) If a defendant who was found to have had a substantial
probability of attaining competency to stand trial, as provided in
paragraph (2), has not attained competency to stand trial within six
months from the date of the original commitment, the court shall order
the prosecuting attorney where the charges are filed or the secretary for
aging and disability services to commence involuntary commitment
proceedings pursuant to article 29 of chapter 59 of the Kansas Statutes
Annotated, and amendments thereto, within 21 days of receipt of the
certification from the chief medical officer of the institution or the head
of the facility unless exceptional circumstances warrant delay. When a
defendant is charged with any off-grid felony, any nondrug severity
level 1 through 3 felony or a violation of K.S.A. 21-3504, 21-3511, 21-
3518, 21-3603 or 21-3719, prior to their repeal, or K.S.A. 21-5505(b),
21-5506(b), 21-5508(b), 21- 5604(b) or 21-5812(b), and amendments
thereto, and commitment proceedings have commenced, for such
proceeding, "mentally ill person subject to involuntary commitment for
care and treatment" means a mentally ill person, as defined in K.S.A.
59-2946(e), and amendments thereto, who is likely to cause harm to
self or others, as defined in K.S.A. 59-2946(f)(3), and amendments
thereto. The other provisions of K.S.A. 59-2946(f), and amendments
thereto, shall not apply.
(4) When reasonable grounds exist to believe that a defendant who
has been adjudged incompetent to stand trial is competent, the court in
which the criminal case is pending shall conduct a hearing in
accordance with K.S.A. 22-3302, and amendments thereto, to
determine the person's present mental condition. Such court shall give
reasonable notice of such hearings to the prosecuting attorney, the
defendant and the defendant's attorney of record, if any. The
prosecuting attorney shall provide victim notification. If the court,
following such hearing, finds the defendant to be competent, the
proceedings pending against the defendant shall be resumed.
(5)(4) A defendant committed to a public institution or facility
under the provisions of this section who is thereafter sentenced for the
crime charged at the time of commitment shall be credited with all of
the time during which the defendant was committed and confined in
such public institution or facility.
(f) (1) Notwithstanding the provisions of K.S.A. 59-29a22, and
SENATE BILL No. 374—page 9
amendments thereto, psychotropic medications may be prescribed for
any defendant who is ordered or has met the criteria to receive
evaluation and treatment on an inpatient or outpatient basis at an
appropriate state, county or private institution or facility.
(2) Psychotropic medications shall be prescribed, ordered and
administered in conformity with accepted clinical practice.
Psychotropic medication shall be administered only upon the written
order of a physician or upon a verbal order noted in the defendant's
medical records and subsequently signed by the physician. The
attending physician shall regularly review the drug regimen of each
defendant under such physician's care and shall monitor any symptoms
of harmful side effects.
(3) Whenever any defendant is receiving psychotropic
medications that alter the defendant's mental state in such a way as to
adversely affect the defendant's judgment or hamper the defendant in
preparing for or participating in any hearing provided for by this
section, for two days prior to and during any such hearing, the
treatment institution or facility shall not administer such medication or
treatment unless such medication or treatment is necessary to sustain
the defendant's life or to protect the defendant or others. Prior to the
hearing, a report of all psychotropic medications or other treatment that
has been administered to the defendant and a copy of any written
consent signed by the defendant shall be submitted to the court.
Counsel for the defendant may preliminarily examine the attending
physician regarding the administration of any medication to the
defendant within two days of the hearing and the effect that medication
may have had on the defendant's judgment or ability to prepare for or
participate in the hearing. If the court determines that medication or
other treatment has been administered that adversely affects the
defendant's judgment or ability to prepare for or participate in the
hearing, the court may grant the defendant a reasonable continuance to
allow for the defendant to be better able to prepare for or participate in
the hearing. The court shall order that such medication or other
treatment be discontinued until the conclusion of the hearing unless the
court finds that such medication or other treatment is necessary to
sustain the defendant's life or to protect the defendant or others. If the
court makes such a finding, the court shall order the hearing to proceed.
(4) (A) If a defendant who is charged with a felony is receiving
treatment pursuant to this section and is not deemed a present danger to
self or others objects to taking any medication prescribed for the
purpose of restoring the defendant to competency, the defendant's
objection shall be recorded in the defendant's medical record and
written notice of such objection shall be forwarded to the medical
director of the treatment institution or facility or the director's designee
and to the court where the criminal charges are pending. The
medication may be administered over the defendant's objection only if
the court finds Within 30 days after receipt of such objection, the
medical director of the treatment institution or facility shall certify to
the court whether medication would aid in restoring the defendant's
competency. The court shall set the matter for hearing within 30 days
after receipt of such certification unless exceptional circumstances
warrant delay. At such hearing, the prosecuting attorney has the
burden to establish by clear and convincing evidence that:
(A)(i) The medication is substantially likely to render the
defendant competent to stand trial;
(ii) the medication is substantially unlikely to have side effects
that may undermine the fairness of the trial;
(B)(iii) the medication is medically appropriate;
(C)(iv) less intrusive alternatives have been considered;
SENATE BILL No. 374—page 10
(D)(v) the medication is necessary to advance significantly
important governmental trial interests; and
(E)(vi) the administrative head or law enforcement official in
charge of the jail has agreed to having the medication administered
over the defendant's objection in the jail.
(B) The defendant shall be represented by counsel at a hearing
conducted pursuant to subparagraph (A) but is not required to be
present at the discretion of the court. The court shall permit the
prosecuting attorney and the defendant to appear at such proceedings,
call or inquire of any witness with information relevant to the hearing
and offer argument to the court. The defendant's attorney in the
pending criminal proceeding shall also have standing to appear at
such proceedings, call or inquire of any witness with information
relevant to the hearing and offer argument to the court . The court may
permit testimony through a two-way electronic audio-visual
communication device. Any other proceeding related to the defendant's
competency shall be suspended or continued pending a determination
of the court under this paragraph. If the court makes a written finding
that the prosecuting attorney has met the burden described in
subparagraph (A), the court shall issue an order requiring the
medication to be administered over the defendant's objection. If the
court makes a written finding that the prosecuting attorney has failed
to meet such burden, the court shall order competency proceedings to
resume.
(5) No experimental medication shall be administered without the
consent of the defendant or such defendant's legal guardian.
(g) Whenever involuntary commitment proceedings have been
commenced as required by this section:
(1) The petition shall:
(A) Be accompanied by the court order to commence involuntary
commitment proceedings, the initial evaluation to determine
competency and the reports pertaining to whether the defendant has a
substantial probability of attaining competency to stand trial in the
foreseeable future; and
(B) not be required to include a state screen or a signed
certificate;
(2) the written report of the evaluation shall include:
(A) A report on the reason for admission or case filing;
(B) the current mental status of the defendant;
(C) the medications that the defendant is currently taking, if any;
(D) the likelihood of the defendant causing harm to self or others,
including an analysis of whether the defendant understands the
seriousness of the charges alleged; and
(E) any diagnosis of the defendant; and
(3) having been found incompetent in the pending criminal case,
the defendant shall be deemed to lack capacity to make informed
decisions concerning treatment until such time as the chief medical
officer overseeing the defendant's treatment determines that
competency is restored.
Sec. 5. K.S.A. 22-3305 is hereby amended to read as follows: 22-
3305. (a) Whenever involuntary commitment proceedings have been
commenced by the secretary for aging and disability services or the
prosecuting attorney as required by K.S.A. 22-3303, and amendments
thereto, and the prosecuting attorney for the pending criminal
proceeding shall have standing, concurrent with the prosecuting
attorney of the county in which the hearing is held, to appear at such
proceedings, call or inquire of any witness with information relevant to
the hearing and offer argument to the court. The defendant's attorney
in the pending criminal proceeding shall also have standing to appear
SENATE BILL No. 374—page 11
at such proceedings, call or inquire of any witness with information
relevant to the hearing and offer argument to the court. If the defendant
is not committed to a treatment institution or facility as a patient, the
defendant shall remain in the institution or facility where committed
pursuant to K.S.A. 22-3303, and amendments thereto , until the court
has determined that additional evaluation and treatment is no longer
warranted pursuant to subsection (d) . The secretary for aging and
disability services or the prosecuting attorney shall promptly notify the
court and the prosecuting attorney of the county where the criminal
proceedings are pending for the purpose of providing victim
notification, of the result of the involuntary commitment proceeding.
(b) Whenever involuntary commitment proceedings have been
commenced by the secretary for aging and disability services or the
prosecuting attorney as required by K.S.A. 22-3303, and amendments
thereto, and the defendant is committed to a treatment institution or
facility as a patient but thereafter is to be discharged pursuant to the
care and treatment act for mentally ill persons, the defendant shall
remain in the institution or facility where committed pursuant to K.S.A.
22-3303, and amendments thereto, and the head of the treatment
institution or facility shall promptly notify the court and the prosecuting
attorney of the county where the criminal proceedings are pending for
the purpose of providing victim notification, that the defendant is to be
discharged from the involuntary commitment.
(c) When giving notification to the court and the prosecuting
attorney pursuant to subsection (a) or (b), the treatment institution or
facility shall include in such notification an opinion from the head of
the treatment institution or facility as to whether or not the defendant is
now competent to stand trial. Upon request of the prosecuting attorney,
the court may set a hearing on the issue of whether or not the defendant
has been restored to competency. If such hearing request is granted, the
prosecuting attorney shall provide victim notification regarding the
hearing date. Such hearing request shall be filed within 14 days of
completion of the notification from the head of the treatment institution
or facility pursuant to subsection (a) or (b). The hearing shall take place
within 21 days after receipt of the hearing request unless the court finds
that exceptional circumstances warrant delay of the hearing. If no such
hearing request is made within 14 days after receipt of notice pursuant
to subsection (a) or (b), the court shall order the defendant to be
discharged from commitment and shall dismiss without prejudice the
charges against the defendant, and the period of limitation for the
prosecution for the crime charged shall not continue to run until the
defendant has been determined to have attained competency in
accordance with K.S.A. 22-3302, and amendments thereto. The
prosecuting attorney shall provide victim notification regarding the
discharge order.
(d) (1) Whenever involuntary commitment proceedings have been
commenced as required by K.S.A. 22-3303, and amendments thereto,
and the defendant has not been committed or has been released from
such commitment pursuant to subsection (a) or (b) but the court
determines that a probability still does not exist that the defendant will
regain competency within the foreseeable future, the court shall
consider the nature of the pending criminal proceedings to determine if
additional evaluation and treatment are necessary and:
(A) If the defendant is charged with a misdemeanor or nonperson
felony, the court shall dismiss the criminal proceedings without
prejudice, and the prosecuting attorney shall provide victim
notification.
(B) Except as provided in paragraph (1)(C), if the defendant is
charged with a person felony, the court shall provide notice to the
SENATE BILL No. 374—page 12
parties of the pending criminal proceedings that, unless the prosecuting
attorney objects in writing within 14 days of receipt of such notice, the
criminal proceedings shall be dismissed without prejudice. If the
prosecuting attorney objects, the court shall set the matter for hearing
within 14 days after receipt of such objection to determine whether to
enter an order of further commitment for additional evaluation and
treatment pursuant to paragraph (2). The court may grant a
continuance of the hearing for good cause.
(C) If the defendant is charged with an off-grid felony, any
nondrug severity level 1 through 3 felony or a violation of K.S.A. 21-
3504, 21-3511 or 21-3719, prior to their repeal, or K.S.A. 21-5506(b),
21-5508(b), or 21- 5812(b), and amendments thereto, or an attempt,
conspiracy or criminal solicitation of an offense described in this
subparagraph, the court shall set the matter for hearing to determine
whether to enter an order of further commitment for additional
evaluation and treatment pursuant to paragraph (2).
(2) At a hearing held pursuant to this subsection, the prosecuting
attorney has the burden to establish, by clear and convincing evidence,
that there is a compelling state interest in ordering further evaluation
and treatment for the defendant. The defendant shall be represented by
counsel at such hearing but is not required to be present at the
discretion of the court. The defendant's attorney in the pending
criminal proceeding shall also have standing to appear at such
proceedings, call or inquire of any witness with information relevant to
the hearing and offer argument to the court. In making a determination
whether there is a compelling state interest in ordering further
evaluation and treatment, the court shall review the nature and
seriousness of the pending charges, including whether there is
probable cause to support the pending charges, and shall consider:
(A) Whether the alleged offenses create a serious risk to public
safety and evaluate:
(i) Whether the charge includes an allegation that the defendant
actually inflicted bodily or emotional harm on another person or
created a reasonable apprehension of bodily or emotional harm to
another person;
(ii) the extent of the impact of the alleged offense on public safety;
(iii) the number and nature of related charges pending against the
defendant;
(iv) the length of potential confinement if the defendant is
convicted; and
(v) the number of potential and actual victims or persons
impacted by the defendant's alleged acts;
(B) the prior history of the defendant, including, but not limited
to, criminal history, treatment history and history of violence; and
(C) any evidence of whether further treatment is likely to be
successful in restoring competency or reducing the risk of offender
recidivism.
(3) If the court finds that there is a compelling state interest in
ordering further evaluation and treatment of the defendant, the court
shall proceed in accordance with K.S.A. 22- 3303, and amendments
thereto. If the court finds that there is no compelling state interest in
ordering further evaluation and treatment, the case shall be dismissed
without prejudice, and the prosecuting attorney shall provide victim
notification.
Sec. 6. K.S.A. 59-2983 is hereby amended to read as follows: 59-
2983. (a) Nothing in this act shall be construed to apply to any person
alleged or thought to be a mentally ill person subject to involuntary
commitment for care and treatment under this act who is in custody on
a criminal charge, except with the consent of either the prosecuting
SENATE BILL No. 374—page 13
attorney or trial court.
(b) (1) During an involuntary commitment proceeding initiated
pursuant to article 33 of chapter 22 of the Kansas Statutes Annotated,
and amendments thereto, the court shall consider the totality of the
circumstances, including, but not limited to, prior convictions or
adjudications, pending crimes allegedly committed by the criminal
defendant and any presumption provided by paragraph (2).
(2) If such criminal defendant is charged with an off-grid or
nondrug severity level 1 through 3 felony or a violation of K.S.A. 21-
3504, 21-3511 or 21-3719, prior to their repeal, or K.S.A. 21-5506(b),
21-5508(b) or 21- 5812(b), and amendments thereto, or an attempt,
conspiracy or criminal solicitation of an offense described in this
paragraph, there shall be a presumption that such criminal defendant
is likely to cause harm to self or others whenever the court is required
to determine whether a criminal defendant is a mentally ill person
subject to involuntary commitment for care and treatment under this
act.
(3) A criminal defendant shall not be discharged from an
involuntary commitment initiated pursuant to article 33 of chapter 22
of the Kansas Statutes Annotated, and amendments thereto, without the
court conducting a hearing in accordance with this section and K.S.A.
59-2965(d), and amendments thereto, to determine whether such
criminal defendant remains a mentally ill person subject to involuntary
commitment for care and treatment under this act.
Sec. 7. K.S.A. 22-3303, 22-3305 and 59-2983 are hereby repealed.
Sec. 8. On and after July 1, 2026, K.S.A. 12-4113 and 22-3302 are
hereby repealed.
SENATE BILL No. 374—page 14
Sec. 9. This act shall take effect and be in force from and after its
publication in the Kansas register.
I hereby certify that the above BILL originated in the
SENATE, and passed that body
__________________________
SENATE adopted
Conference Committee Report ________________
_________________________
President of the Senate.
_________________________
Secretary of the Senate.
Passed the HOUSE
as amended _________________________
HOUSE adopted
Conference Committee Report ________________
_________________________
Speaker of the House.
_________________________
Chief Clerk of the House.
APPROVED _____________________________
_________________________
Governor.