SESSION OF 2024
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2353
As Amended by House Committee on
Corrections and Juvenile Justice
Brief*
HB 2353, as amended, would amend provisions in the
Care and Treatment Act for Mentally Ill Persons (Act) to
extend the time period a person may be held for treatment
and to add conditions for which continued treatment may be
ordered.
Time Extensions
Under continuing law, a court may, under certain
circumstances, issues an ex parte emergency custody order
set to expire at 5:00 p.m. the second day the court is open
after the issuance. The bill would extend the expiration to the
third day.
The bill would also extend the deadline for setting a
hearing in response to a request for a temporary custody
order or an emergency custody order that resulted from
noncompliance with a patient's outpatient treatment order.
Finally, the bill would extend the time a court may order
continued involuntary treatment of a person from three
months to a maximum of six months in an initial order.
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*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org Outpatient Treatment Orders
Current law allows a court to order outpatient treatment
in lieu of involuntary inpatient care and treatment if the court
finds the patient, without treatment:
●Will meet the criteria for required inpatient care in
the near future and is only likely to attend
outpatient treatment under a court order; or
●Is likely to experience worsening symptoms caused
by mental illness that would lead to the need for
inpatient care and has previously refused mental
health services in the community, due to their
mental illness.
Additionally, continuing law allows a court order to state
specific outpatient conditions to be followed by the patient,
including directives and treatment required by the treating
outpatient facility. The bill would require those directive and
treatment plans to be provided to the court in writing within
ten business days after the outpatient order is issued. Failure
to provide such information to the court would not be
considered grounds for dismissal of the order unless the
failure was made in bad faith.
Technical Amendments
The bill would make various technical amendments to
ensure consistency in statutory phrasing and to update
statutory supplement references.
Background
The bill was requested for introduction by the House
Committee on Judiciary by Representative S. Ruiz, on behalf
of the Kansas Department for Aging and Disability Services
(KDADS).
2- 2353 House Committee on Corrections and Juvenile Justice
In the House Committee hearing, proponent testimony
was provided by representatives of the Association of
Community Mental Health Centers of Kansas, Cicero Action,
KDADS, and Mental Health America of the Heartland. The
proponents stated the bill was requested in conjunction with a
federal assisted outpatient treatment (AOT) grant. The
proponents further stated the bill would ensure Kansans in
need of care will receive needed services and that additional
hold times would result in more time for evaluation and to
develop discharge plans. It was also stated an amendment
had been prepared with consultation amongst stakeholders
that proposes alternative language regarding when a court
may order outpatient treatment.
Written-only proponent testimony was provided by two
district court judges; representatives of Bert Nash Community
Mental Health Center, Disability Rights Center, Four County
Mental Health Center, Johnson County Community Mental
Health Center, Pawnee Mental Health Services; three
representatives of National Alliance on Mental Illness (NAMI)
Kansas; and a representative of NAMI Topeka.
No other testimony was provided.
The bill, as introduced, would have added language to
current law concerning outpatient treatment criteria. The
House Committee replaced that language with alternative
provisions that had been drafted by stakeholders. The House
Committee also adopted a technical amendment to update
statutory supplement references.
Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill, as introduced, KDADS indicates the bill
would not have a fiscal effect on agency operations. The
increase to a 72-hour hold would increase treatment facility
3- 2353 costs, but in the long term, those costs would be offset by
alleviating pressure on the State Hospitals and providers.
The Office of Judicial Administration indicates the bill
could have a fiscal effect on expenditures of the Judicial
Branch, but until the courts have operated under the
provisions of the bill, an accurate estimate of its fiscal effect
cannot be determined. Any fiscal effect associated with the
bill is not reflected in The FY 2024 Governor’s Budget Report.
The Kansas Association of Counties indicates
enactment of the bill would have a fiscal effect on counties if
there are higher costs for transporting individuals to and from
treatment.
Mental illness; Care and Treatment Act for Mentally Ill persons; custody order;
hearing; outpatient; inpatient; involuntary
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