Bill > SB243

This bill modifies Kansas laws regarding competency evaluations for criminal defendants by establishing more structured and detailed procedures for determining whether a defendant is competent to stand trial. For misdemeanor cases, the bill now requires courts to first order outpatient competency evaluations, with inpatient evaluations only permitted under specific circumstances, such as when a jail lacks resources to conduct an evaluation. For felony cases, the bill introduces more stringent requirements for ordering inpatient competency evaluations, mandating that courts hold a hearing and make specific findings before committing a defendant to a state hospital or security hospital for evaluation. These findings must include the potential length of incarceration, the anticipated length of evaluation services, the type of charges, and any conditions related to the defendant's bond status. The bill also clarifies that statements made during competency evaluations cannot be used as evidence in criminal proceedings and provides guidance on the administration of psychotropic medications during evaluations. Additionally, the bill establishes clearer timelines and procedures for determining whether a defendant has a substantial probability of becoming competent to stand trial, including provisions for transitioning between outpatient and inpatient evaluations and initiating involuntary commitment proceedings if competency cannot be restored within six months.

Justice

Judiciary (S)

https://kslegislature.gov/li/b2025_26/measures/sb243/