Bill > SB374

This bill modifies existing laws concerning criminal defendants found incompetent to stand trial, particularly those charged with serious offenses, by requiring more thorough consideration of their evaluation and treatment. It mandates that for defendants charged with certain serious felonies, including attempts or conspiracies related to those offenses, inpatient evaluation and treatment are presumed necessary if they haven't regained competency within six months of starting outpatient treatment, and it clarifies the definition of a "mentally ill person subject to involuntary commitment" in these cases to include those likely to cause harm. The bill also specifies requirements for petitions and reports in involuntary commitment proceedings for these defendants, and it outlines procedures for when a defendant is not committed or is released but still not expected to regain competency, potentially leading to dismissal of charges unless a compelling state interest in further treatment is proven. Additionally, it addresses the administration of psychotropic medications to restore competency, establishing a process for a court to order medication over a defendant's objection if specific criteria are met, and it ensures that defendants in these situations are represented by counsel. Finally, the bill repeals certain existing sections of law related to these procedures.

Justice

Judiciary (Senate)

https://kslegislature.gov/li/b2025_26/measures/sb374/