Kansas 2023-2024 Regular Session

Kansas House Bill HB2353 Compare Versions

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Old	New		Differences
	1	+	Session of 2023
1	2		HOUSE BILL No. 2353
2		-	AN ACT concerning the care and treatment act for mentally ill persons; increasing the time
3		-	allowed for an initial continued treatment order; adding criteria to determine when
4		-	outpatient treatment may be ordered; amending K.S.A. 59-2958, 59-2959 and 59-
5		-	2969 and K.S.A. 2023 Supp. 59-2967 and repealing the existing sections.
	3	+	By Committee on Judiciary
	4	+	2-8
	5	+	AN ACT concerning the care and treatment act for mentally ill persons;
	6	+	increasing the time allowed for an initial continued treatment order;
	7	+	adding criteria to determine when outpatient treatment may be ordered;
	8	+	amending K.S.A. 59-2958, 59-2959 and 59-2969 and K.S.A. 2022
	9	+	Supp. 59-2967 and repealing the existing sections.
6	10		Be it enacted by the Legislature of the State of Kansas:
7		-	Section 1. K.S.A. 59-2958 is hereby amended to read as follows:
8		-	59-2958. (a) At the time the petition for the determination of whether a
9		-	person is a mentally ill person subject to involuntary commitment for
10		-	care and treatment under this act is filed, or any time thereafter prior to
11		-	the trial upon the petition as provided for in K.S.A. 59-2965, and
12		-	amendments thereto, the petitioner may request in writing that the
13		-	district court issue an ex parte emergency order including either or both
14		-	of the following:
15		-	(1) An order directing any law enforcement officer to take the
16		-	person named in the order into custody and transport the person to a
17		-	designated treatment facility or other suitable place willing to receive
18		-	and detain the person; or
19		-	(2) an order authorizing any named treatment facility or other
20		-	place to detain or continue to detain the person until the further order of
21		-	the court or until the ex parte emergency custody order shall expire.
	11	+	Section 1. K.S.A. 59-2958 is hereby amended to read as follows: 59-
	12	+	2958. (a) At the time the petition for the determination of whether a person
	13	+	is a mentally ill person subject to involuntary commitment for care and
	14	+	treatment under this act is filed, or any time thereafter prior to the trial
	15	+	upon the petition as provided for in K.S.A. 59-2965, and amendments
	16	+	thereto, the petitioner may request in writing that the district court issue an
	17	+	ex parte emergency order including either or both of the following:
	18	+	(1) An order directing any law enforcement officer to take the person
	19	+	named in the order into custody and transport the person to a designated
	20	+	treatment facility or other suitable place willing to receive and detain the
	21	+	person; or
	22	+	(2) an order authorizing any named treatment facility or other place to
	23	+	detain or continue to detain the person until the further order of the court
	24	+	or until the ex parte emergency custody order shall expire.
22	25		(b) No ex parte emergency custody order shall provide for the
23	26		detention of any person at a state psychiatric hospital unless a written
24	27		statement from a qualified mental health professional authorizing such
25		-	admission and detention at a state psychiatric hospital has been filed
26		-	~~with~~ the court.
	28	+	admission and detention at a state psychiatric hospital has been filed with
	29	+	the court.
27	30		(c) No ex parte emergency custody order shall provide for the
28		-	detention of any person in a nonmedical facility used for the detention
29		-	of persons charged with or convicted of a crime.
	31	+	detention of any person in a nonmedical facility used for the detention of
	32	+	persons charged with or convicted of a crime.
30	33		(d) If no other suitable facility at which where such person may be
31	34		detained is willing to accept the person, then the participating mental
32	35		health center for that area shall provide a suitable place to detain the
33		-	person until the further order of the court or until the ex parte
34		-	~~emergency~~ custody order shall expire.
	36	+	person until the further order of the court or until the ex parte emergency
	37	+	custody order shall expire.
35	38		(e) An ex parte emergency custody order issued under this section
36		-	shall expire at 5:00 p.m. of the second third day the district court is
37		-	open for the transaction of business after the date of its issuance, which
38		-	and the expiration date shall be stated in the order.
	39	+	shall expire at 5:00 p.m. of the second third day the district court is open
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	76	+	for the transaction of business after the date of its issuance, which and the
	77	+	expiration date shall be stated in the order.
39	78		(f) The district court shall not issue successive ex parte emergency
40	79		custody orders.
41		-	(g) In lieu of issuing an ex parte emergency custody order, the
42		-	~~court~~ may allow the person with respect to whom the request was made
43		-	to remain at liberty, subject to such conditions as the court may impose.
	80	+	(g) In lieu of issuing an ex parte emergency custody order, the court
	81	+	may allow the person with respect to whom the request was made to
	82	+	remain at liberty, subject to such conditions as the court may impose.
44	83		Sec. 2. K.S.A. 59-2959 is hereby amended to read as follows: 59-
45		-	2959. (a) At the time that the petition for determination of mental
46		-	~~illness is~~ filed, or any time thereafter prior to the trial upon the petition
47		-	~~as provided~~ for in K.S.A. 59-2965, and amendments thereto, the
48		-	~~petitioner may request~~ in writing that the district court issue a
49		-	~~temporary custody order. The~~ request shall state:
	84	+	2959. (a) At the time that the petition for determination of mental illness is
	85	+	filed, or any time thereafter prior to the trial upon the petition as provided
	86	+	for in K.S.A. 59-2965, and amendments thereto, the petitioner may request
	87	+	in writing that the district court issue a temporary custody order. The
	88	+	request shall state:
50	89		(1) The reasons why the person should be detained prior to the
51	90		hearing on the petition;
52		-	(2) whether an ex parte emergency custody order has been
53		-	~~requested~~ or was granted; and
	91	+	(2) whether an ex parte emergency custody order has been requested
	92	+	or was granted; and
54	93		(3) the present whereabouts of the person named in the petition.
55	94		(b) Upon the filing of a request for a temporary custody order, the
56	95		court shall set the matter for a hearing which that shall be held not later
57		-	than the close of business of the second third day the district court is
58		-	~~open~~ for the transaction of business after the filing of the request. The
59		-	~~petitioner~~ and the person with respect to whom the request has been
60		-	~~filed shall be~~ notified of the time and place of the hearing and that they
61		-	~~shall each be~~ afforded an opportunity to appear at the hearing, to testify
62		-	~~and to present~~ and cross-examine witnesses. If the person with respect
63		-	~~to whom the~~ request has been filed has not yet retained or been
64		-	~~appointed an attorney,~~ the court shall appoint an attorney for the person.
65		-	(c) (1) At the hearing scheduled upon the request, the person with ~~HOUSE BILL No. 2353—page 2~~
	96	+	than the close of business of the second third day the district court is open
	97	+	for the transaction of business after the filing of the request. The petitioner
	98	+	and the person with respect to whom the request has been filed shall be
	99	+	notified of the time and place of the hearing and that they shall each be
	100	+	afforded an opportunity to appear at the hearing, to testify and to present
	101	+	and cross-examine witnesses. If the person with respect to whom the
	102	+	request has been filed has not yet retained or been appointed an attorney,
	103	+	the court shall appoint an attorney for the person.
	104	+	(c) (1) At the hearing scheduled upon the request, the person with
66	105		respect to whom the request has been filed shall be present unless the
67		-	attorney for the person requests that the person's presence be waived
68		-	and the court finds that the person's presence at the hearing would be
69		-	injurious to the person's welfare. The court shall enter in the record of
70		-	the proceedings the facts upon which the court has found that the
71		-	presence of the person at the hearing would be injurious to such
72		-	person's welfare. However, if the person with respect to whom the
73		-	request has been filed states in writing to the court or to such person's
74		-	attorney that such person wishes to be present at the hearing, the
75		-	person's presence cannot be waived.
76		-	(2) The hearing shall be conducted in as informal a manner as may
77		-	be consistent with orderly procedure and in a physical setting not likely
78		-	to have a harmful effect on the person with respect to whom the request
79		-	has been filed. All persons not necessary for the conduct of the
80		-	proceedings may be excluded. The court shall receive all relevant and
81		-	material evidence which that may be offered. The rules governing
82		-	evidentiary and procedural matters shall be applied to hearings under
83		-	this section in a manner so as to facilitate informal, efficient
84		-	presentation of all relevant, probative evidence and resolution of issues
85		-	with due regard to the interests of all parties. The facts or data upon
86		-	which a duly qualified expert bases an opinion or inference may be
87		-	those perceived by or made known to the expert at or before the
88		-	hearing and if of a type reasonably relied upon by experts in their
89		-	particular field in forming opinions or inferences upon the subject, the
90		-	facts or data need not be admissible in evidence. The expert may testify
91		-	in terms of opinion or inference and give the expert's reasons therefor
92		-	without prior disclosure of the underlying facts or data unless the court
93		-	requires otherwise. If requested on cross-examination, the expert shall
94		-	disclose the underlying facts or data.
	106	+	attorney for the person requests that the person's presence be waived and
	107	+	the court finds that the person's presence at the hearing would be injurious
	108	+	to the person's welfare. The court shall enter in the record of the
	109	+	proceedings the facts upon which the court has found that the presence of
	110	+	the person at the hearing would be injurious to such person's welfare.
	111	+	However, if the person with respect to whom the request has been filed
	112	+	states in writing to the court or to such person's attorney that such person
	113	+	wishes to be present at the hearing, the person's presence cannot be
	114	+	waived.
	115	+	(2) The hearing shall be conducted in as informal a manner as may be
	116	+	consistent with orderly procedure and in a physical setting not likely to
	117	+	have a harmful effect on the person with respect to whom the request has
	118	+	been filed. All persons not necessary for the conduct of the proceedings
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	162	+	may be excluded. The court shall receive all relevant and material
	163	+	evidence which that may be offered. The rules governing evidentiary and
	164	+	procedural matters shall be applied to hearings under this section in a
	165	+	manner so as to facilitate informal, efficient presentation of all relevant,
	166	+	probative evidence and resolution of issues with due regard to the interests
	167	+	of all parties. The facts or data upon which a duly qualified expert bases an
	168	+	opinion or inference may be those perceived by or made known to the
	169	+	expert at or before the hearing and if of a type reasonably relied upon by
	170	+	experts in their particular field in forming opinions or inferences upon the
	171	+	subject, the facts or data need not be admissible in evidence. The expert
	172	+	may testify in terms of opinion or inference and give the expert's reasons
	173	+	therefor without prior disclosure of the underlying facts or data unless the
	174	+	court requires otherwise. If requested on cross-examination, the expert
	175	+	shall disclose the underlying facts or data.
95	176		(3) If the petitioner is not represented by counsel, the county or
96		-	district attorney shall represent the petitioner, prepare all necessary
97		-	papers, appear at the hearing and present such evidence as the county or
98		-	district attorney determines to be of aid to the court in determining
99		-	whether or not there is probable cause to believe that the person with
100		-	respect to whom the request has been filed is a mentally ill person
101		-	subject to involuntary commitment for care and treatment under this
102		-	act, and that it would be in the best interests of the person to be
103		-	detained until the trial upon the petition.
104		-	(d) After the hearing, if the court determines from the evidence
105		-	that:
106		-	(1) There is probable cause to believe that the person with respect
	177	+	district attorney shall represent the petitioner, prepare all necessary papers,
	178	+	appear at the hearing and present such evidence as the county or district
	179	+	attorney determines to be of aid to the court in determining whether or not
	180	+	there is probable cause to believe that the person with respect to whom the
	181	+	request has been filed is a mentally ill person subject to involuntary
	182	+	commitment for care and treatment under this act, and that it would be in
	183	+	the best interests of the person to be detained until the trial upon the
	184	+	petition.
	185	+	(d) After the hearing, if the court determines from the evidence that:
	186	+	(1) There is probable cause to believe that the person with respect to
	187	+	whom the request has been filed is a mentally ill person subject to
	188	+	involuntary commitment for care and treatment under this act, and that it is
	189	+	in the best interests of the person to be detained until the trial upon the
	190	+	petition, the court shall issue a temporary custody order;
	191	+	(2) there is probable cause to believe that the person with respect to
	192	+	whom the request has been filed is a mentally ill person subject to
	193	+	involuntary commitment for care and treatment under this act, but that it
	194	+	would not be in their best interests to be detained until the trial upon the
	195	+	petition, the court may allow the person to be at liberty, subject to such
	196	+	conditions as the court may impose; or
	197	+	(3) there is not probable cause to believe that the person with respect
107	198		to whom the request has been filed is a mentally ill person subject to
108		-	involuntary commitment for care and treatment under this act, and that
109		-	it is in the best interests of the person to be detained until the trial upon
110		-	the petition, the court shall issue a temporary custody order;
111		-	(2) there is probable cause to believe that the person with respect
112		-	to whom the request has been filed is a mentally ill person subject to
113		-	involuntary commitment for care and treatment under this act, but that
114		-	it would not be in their best interests to be detained until the trial upon
115		-	the petition, the court may allow the person to be at liberty, subject to
116		-	such conditions as the court may impose; or
117		-	(3) there is not probable cause to believe that the person with
118		-	respect to whom the request has been filed is a mentally ill person
119		-	subject to involuntary commitment for care and treatment under this
120		-	act, the court shall terminate the proceedings and release the person.
121		-	(e) (1) A temporary custody order issued pursuant to this section
122		-	may direct any law enforcement officer or any other person designated
123		-	by the court to take the person named in the order into custody and
124		-	transport them to a designated treatment facility, and authorize the HOUSE BILL No. 2353—page 3
125		-	designated treatment facility to detain and treat the person until the trial
126		-	upon the petition.
	199	+	involuntary commitment for care and treatment under this act, the court
	200	+	shall terminate the proceedings and release the person.
	201	+	(e) (1) A temporary custody order issued pursuant to this section may
	202	+	direct any law enforcement officer or any other person designated by the
	203	+	court to take the person named in the order into custody and transport them
	204	+	to a designated treatment facility, and authorize the designated treatment
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	248	+	facility to detain and treat the person until the trial upon the petition.
127	249		(2) No temporary custody order shall provide for the detention and
128	250		treatment of any person at a state psychiatric hospital unless a written
129	251		statement from a qualified mental health professional authorizing such
130		-	admission and detention at a state psychiatric hospital has been filed
131		-	~~with~~ the court.
132		-	(3) No temporary custody order shall provide for the detention of
133		-	~~any~~ person in a nonmedical facility used for the detention of persons
134		-	~~charged~~ with or convicted of a crime.
	252	+	admission and detention at a state psychiatric hospital has been filed with
	253	+	the court.
	254	+	(3) No temporary custody order shall provide for the detention of any
	255	+	person in a nonmedical facility used for the detention of persons charged
	256	+	with or convicted of a crime.
135	257		(4) If no other suitable facility at which where such person may be
136	258		detained is willing to accept the person, then the participating mental
137	259		health center for that area shall provide a suitable place to detain the
138	260		person until the further order of the court or until the trial upon the
139	261		petition.
140		-	Sec. 3. K.S.A. 2023 Supp. 59-2967 is hereby amended to read as
141		-	follows: 59-2967. (a) An order for outpatient treatment may be entered
142		-	by the court at any time in lieu of any type of order which that would
143		-	have required inpatient care and treatment if the court finds that the
144		-	patient is:
145		-	(1) Likely to comply with an outpatient treatment order and that
146		-	the patient will not likely be a danger to the community or be likely to
147		-	cause harm to self or others while subject to an outpatient treatment
148		-	order Will meet the criteria for required inpatient care and treatment in
149		-	the proximate future without such outpatient treatment and is only
150		-	likely to attend outpatient treatment if there is a court order mandating
151		-	such treatment; or
152		-	(2) is, if left untreated, reasonably expected to experience an
153		-	increase in the symptoms caused by the illness that would result in the
154		-	need for inpatient care and treatment in the proximate future and
155		-	whose mental illness has previously caused the patient to refuse needed
156		-	and appropriate mental health services in the community.
157		-	(b) No order for outpatient treatment shall be entered unless the
158		-	head of the outpatient treatment facility has consented to treat the
159		-	patient on an outpatient basis under the terms and conditions set forth
160		-	by the court, except that no order for outpatient treatment shall be
161		-	refused by a participating mental health center.
	262	+	Sec. 3. K.S.A. 2022 Supp. 59-2967 is hereby amended to read as
	263	+	follows: 59-2967. (a) An order for outpatient treatment may be entered by
	264	+	the court at any time in lieu of any type of order which that would have
	265	+	required inpatient care and treatment if the court finds that the patient is:
	266	+	(1) (A) Likely to comply with an outpatient treatment order; and that
	267	+	the patient will
	268	+	(B) not likely to be a danger to the community or be likely to cause
	269	+	harm to self or others while subject to an outpatient treatment order; or
	270	+	(2) in need of outpatient treatment to prevent a relapse or
	271	+	deterioration that would likely result in:
	272	+	(A) Serious bodily harm to self or others;
	273	+	(B) a substantial harm to the patient's well-being;
	274	+	(C) substantial damage to another person's property; or
	275	+	(D) serious physical or mental debilitation in the patient.
	276	+	(b) No order for outpatient treatment shall be entered unless the head
	277	+	of the outpatient treatment facility has consented to treat the patient on an
	278	+	outpatient basis under the terms and conditions set forth by the court,
	279	+	except that no order for outpatient treatment shall be refused by a
	280	+	participating mental health center.
162	281		(c) If outpatient treatment is ordered, the order may state specific
163	282		conditions to be followed by the patient, but shall include the general
164	283		condition that the patient is required to comply with all directives and
165		-	treatment as required by the head of the outpatient treatment facility or
166		-	the head's designee. Such directives and treatment plans shall be
167		-	provided to the court in writing within 10 business days after the order
168		-	for outpatient treatment is issued. Failure to provide such directives
169		-	and treatment plans to the court as required by this subsection is not
170		-	grounds for dismissal of the order unless the failure is made in bad
171		-	faith. The court may also make such orders as are appropriate to
172		-	provide for monitoring the patient's progress and compliance with
173		-	outpatient treatment. Within any outpatient order for treatment the court
174		-	shall specify the period of treatment as provided for in subsection (a) of
175		-	K.S.A. 59-2966(a) or subsection (f) of K.S.A. 59-2969(f), and
176		-	amendments thereto.
177		-	(d) The court shall retain jurisdiction to modify or revoke the
178		-	order for outpatient treatment at any time on its own motion, on the
179		-	motion of any counsel of record or upon notice from the treatment
180		-	facility of any need for new conditions in the order for outpatient
181		-	treatment or of material noncompliance by the patient with the order for
182		-	outpatient treatment. However, if the venue of the matter has been
183		-	transferred to another court, then the court having venue of the matter HOUSE BILL No. 2353—page 4
184		-	shall have such jurisdiction to modify or revoke the outpatient
185		-	treatment order. Revocation or modification of an order for outpatient
186		-	treatment may be made ex parte by order of the court in accordance
187		-	with the provisions of subsections (e) or (f).
	284	+	treatment as required by the head of the outpatient treatment facility or the
	285	+	head's designee. Such directives and treatment plans shall be provided to
	286	+	the court in writing within 10 business days after the order for outpatient
	287	+	treatment is issued. Failure to provide such directives and treatment plans
	288	+	to the court as required by this subsection is not grounds for dismissal of
	289	+	the order unless the failure is made in bad faith. The court may also make
	290	+	such orders as are appropriate to provide for monitoring the patient's
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	334	+	progress and compliance with outpatient treatment. Within any outpatient
	335	+	order for treatment the court shall specify the period of treatment as
	336	+	provided for in subsection (a) of K.S.A. 59-2966(a) or subsection (f) of
	337	+	K.S.A. 59-2969(f), and amendments thereto.
	338	+	(d) The court shall retain jurisdiction to modify or revoke the order
	339	+	for outpatient treatment at any time on its own motion, on the motion of
	340	+	any counsel of record or upon notice from the treatment facility of any
	341	+	need for new conditions in the order for outpatient treatment or of material
	342	+	noncompliance by the patient with the order for outpatient treatment.
	343	+	However, if the venue of the matter has been transferred to another court,
	344	+	then the court having venue of the matter shall have such jurisdiction to
	345	+	modify or revoke the outpatient treatment order. Revocation or
	346	+	modification of an order for outpatient treatment may be made ex parte by
	347	+	order of the court in accordance with the provisions of subsections (e) or
	348	+	(f).
188	349		(e) The treatment facility shall immediately report to the court any
189		-	material noncompliance by the patient with the outpatient treatment
190		-	order. Such notice may be verbal or by telephone but shall be followed
191		-	by a verified written, facsimile or electronic notice sent to the court, to
192		-	counsel for all parties and, as appropriate, to the head of the inpatient
193		-	treatment facility designated to receive the patient, by not later than
194		-	5:00 p.m. of the first day the district court is open for the transaction of
195		-	business after the verbal or telephonic communication was made to the
196		-	court. Upon receipt of verbal, telephone, or verified written, facsimile
197		-	or electronic notice of material noncompliance, the court may enter an
198		-	ex parte emergency custody order providing for the immediate
199		-	detention of the patient in a designated inpatient treatment facility
200		-	except that the court shall not order the detention of the patient at a
201		-	state psychiatric hospital, unless a written statement from a qualified
202		-	mental health professional authorizing such detention at a state
203		-	psychiatric hospital has been filed with the court. Any ex parte
204		-	emergency custody order issued by the court under this subsection shall
205		-	expire at 5:00 p.m. of the second third day the district court is open for
206		-	the transaction of business after the patient is taken into custody. The
	350	+	material noncompliance by the patient with the outpatient treatment order.
	351	+	Such notice may be verbal or by telephone but shall be followed by a
	352	+	verified written, facsimile or electronic notice sent to the court, to counsel
	353	+	for all parties and, as appropriate, to the head of the inpatient treatment
	354	+	facility designated to receive the patient, by not later than 5:00 p.m. of the
	355	+	first day the district court is open for the transaction of business after the
	356	+	verbal or telephonic communication was made to the court. Upon receipt
	357	+	of verbal, telephone, or verified written, facsimile or electronic notice of
	358	+	material noncompliance, the court may enter an ex parte emergency
	359	+	custody order providing for the immediate detention of the patient in a
	360	+	designated inpatient treatment facility except that the court shall not order
	361	+	the detention of the patient at a state psychiatric hospital, unless a written
	362	+	statement from a qualified mental health professional authorizing such
	363	+	detention at a state psychiatric hospital has been filed with the court. Any
	364	+	ex parte emergency custody order issued by the court under this subsection
	365	+	shall expire at 5:00 p.m. of the second third day the district court is open
	366	+	for the transaction of business after the patient is taken into custody. The
207	367		court shall not enter successive ex parte emergency custody orders.
208	368		(f) (1) Upon the taking of a patient into custody pursuant to an ex
209	369		parte emergency custody order revoking a previously issued order for
210		-	outpatient treatment and ordering the patient to involuntary inpatient
211		-	care the court shall set the matter for hearing not later than the close of
212		-	business on the second third day the court is open for business after the
213		-	patient is taken into custody. Notice of the hearing shall be given to the
214		-	patient, the patient's attorney, the patient's legal guardian, the petitioner
215		-	or the county or district attorney as appropriate, the head of the
216		-	outpatient treatment facility and the head of the inpatient treatment
217		-	facility, similarly as provided for in K.S.A. 59-2963, and amendments
218		-	thereto.
219		-	(2) Upon the entry of an ex parte order modifying a previously
220		-	issued order for outpatient treatment, but allowing the patient to remain
221		-	at liberty, a copy of the order shall be served upon the patient, the
222		-	patient's attorney, the county or district attorney and the head of the
223		-	outpatient treatment facility similarly as provided for in K.S.A. 59-
224		-	2963, and amendments thereto. Thereafter, any party to the matter,
225		-	including the petitioner, the county or district attorney or the patient,
226		-	may request a hearing on the matter if the request is filed within five
227		-	days from the date of service of the ex parte order upon the patient. The
228		-	court may also order such a hearing on its own motion within five days
229		-	from the date of service of the notice. If no request or order for hearing
230		-	is filed within the five-day period, the ex parte order and the terms and
231		-	conditions set out in the ex parte order shall become the final order of
232		-	the court substituting for any previously entered order for outpatient
233		-	treatment. If a hearing is requested, a formal written request for
234		-	revocation or modification of the outpatient treatment order shall be
235		-	filed by the county or district attorney or the petitioner and a hearing
236		-	shall be held thereon within 5 days after the filing of the request.
237		-	(g) The hearing held pursuant to subsection (f) shall be conducted
238		-	in the same manner as hearings provided for in K.S.A. 59-2959, and
239		-	amendments thereto. Upon the completion of the hearing, if the court
240		-	finds by clear and convincing evidence that the patient violated any
241		-	condition of the outpatient treatment order, the court may enter an order
242		-	for inpatient treatment, except that the court shall not order treatment at HOUSE BILL No. 2353—page 5
243		-	a state psychiatric hospital unless a written statement from a qualified
244		-	mental health professional authorizing such treatment at a state
245		-	psychiatric hospital has been filed with the court, or may modify the
246		-	order for outpatient treatment with different terms and conditions in
247		-	accordance with this section.
248		-	(h) The outpatient treatment facility shall comply with the
249		-	provisions of K.S.A. 59-2969, and amendments thereto, concerning the
250		-	filing of written reports for each period of treatment during the time
251		-	any outpatient treatment order is in effect and the court shall receive
252		-	and process such reports in the same manner as reports received from
253		-	an inpatient treatment facility.
	370	+	outpatient treatment and ordering the patient to involuntary inpatient care
	371	+	the court shall set the matter for hearing not later than the close of business
	372	+	on the second third day the court is open for business after the patient is
	373	+	taken into custody. Notice of the hearing shall be given to the patient, the
	374	+	patient's attorney, the patient's legal guardian, the petitioner or the county
	375	+	or district attorney as appropriate, the head of the outpatient treatment
	376	+	facility and the head of the inpatient treatment facility, similarly as
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	420	+	provided for in K.S.A. 59-2963, and amendments thereto.
	421	+	(2) Upon the entry of an ex parte order modifying a previously issued
	422	+	order for outpatient treatment, but allowing the patient to remain at liberty,
	423	+	a copy of the order shall be served upon the patient, the patient's attorney,
	424	+	the county or district attorney and the head of the outpatient treatment
	425	+	facility similarly as provided for in K.S.A. 59-2963, and amendments
	426	+	thereto. Thereafter, any party to the matter, including the petitioner, the
	427	+	county or district attorney or the patient, may request a hearing on the
	428	+	matter if the request is filed within five days from the date of service of the
	429	+	ex parte order upon the patient. The court may also order such a hearing on
	430	+	its own motion within five days from the date of service of the notice. If
	431	+	no request or order for hearing is filed within the five-day period, the ex
	432	+	parte order and the terms and conditions set out in the ex parte order shall
	433	+	become the final order of the court substituting for any previously entered
	434	+	order for outpatient treatment. If a hearing is requested, a formal written
	435	+	request for revocation or modification of the outpatient treatment order
	436	+	shall be filed by the county or district attorney or the petitioner and a
	437	+	hearing shall be held thereon within 5 days after the filing of the request.
	438	+	(g) The hearing held pursuant to subsection (f) shall be conducted in
	439	+	the same manner as hearings provided for in K.S.A. 59-2959, and
	440	+	amendments thereto. Upon the completion of the hearing, if the court finds
	441	+	by clear and convincing evidence that the patient violated any condition of
	442	+	the outpatient treatment order, the court may enter an order for inpatient
	443	+	treatment, except that the court shall not order treatment at a state
	444	+	psychiatric hospital unless a written statement from a qualified mental
	445	+	health professional authorizing such treatment at a state psychiatric
	446	+	hospital has been filed with the court, or may modify the order for
	447	+	outpatient treatment with different terms and conditions in accordance
	448	+	with this section.
	449	+	(h) The outpatient treatment facility shall comply with the provisions
	450	+	of K.S.A. 59-2969, and amendments thereto, concerning the filing of
	451	+	written reports for each period of treatment during the time any outpatient
	452	+	treatment order is in effect and the court shall receive and process such
	453	+	reports in the same manner as reports received from an inpatient treatment
	454	+	facility.
254	455		Sec. 4. K.S.A. 59-2969 is hereby amended to read as follows: 59-
255		-	2969. (a) At least 14 days prior to the end of each period of treatment,
256		-	as set out in the court order for such treatment, the head of the
257		-	treatment facility furnishing treatment to the patient shall cause to be
258		-	filed with the court a written report summarizing the treatment
259		-	provided and the findings and recommendations of the treatment
260		-	facility concerning the need for further treatment for the patient. Upon
261		-	the filing of this written report, the court shall notify the patient's
262		-	attorney of record that this written report has been filed. If there is no
263		-	attorney of record for the patient, the court shall appoint an attorney
264		-	and notify such attorney that the written report has been filed.
	456	+	2969. (a) At least 14 days prior to the end of each period of treatment, as
	457	+	set out in the court order for such treatment, the head of the treatment
	458	+	facility furnishing treatment to the patient shall cause to be filed with the
	459	+	court a written report summarizing the treatment provided and the findings
	460	+	and recommendations of the treatment facility concerning the need for
	461	+	further treatment for the patient. Upon the filing of this written report, the
	462	+	court shall notify the patient's attorney of record that this written report has
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	506	+	been filed. If there is no attorney of record for the patient, the court shall
	507	+	appoint an attorney and notify such attorney that the written report has
	508	+	been filed.
265	509		(b) When the attorney for the patient has received notice that the
266	510		treatment facility has filed with the district court its written report, the
267	511		attorney shall consult with the patient to determine whether the patient
268		-	desires a hearing. If the patient desires a hearing, the attorney shall file
269		-	a written request for a hearing with the district court, which and the
270		-	request shall be filed not later than the last day ending any period of
271		-	treatment as specified in the court's order for treatment issued pursuant
272		-	to K.S.A. 59-2966 or 59-2967, and amendments thereto, or the court's
273		-	last entered order for continued treatment issued pursuant to subsection
274		-	(f). If the patient does not desire a hearing, the patient's attorney shall
275		-	file with the court a written statement that the attorney has consulted
276		-	with the patient; the manner in which the attorney has consulted with
277		-	the patient; that the attorney has fully explained to the patient the
278		-	patient's right to a hearing as set out in this section and that if the
279		-	patient does not request such a hearing that further treatment will likely
280		-	be ordered, but that having been so advised the patient does not desire a
281		-	hearing. Thereupon, the court may renew its order for treatment and
282		-	may specify the next period of treatment as provided for in subsection
283		-	(f). A copy of the court's order shall be given to the patient, the attorney
284		-	for the patient, the patient's legal guardian, the petitioner or the county
285		-	or district attorney, as appropriate, and to the head of the treatment
286		-	facility treating the patient as the court directs.
287		-	(c) Upon receiving a written request for a hearing, the district
288		-	court shall set the matter for hearing and notice of such hearing shall be
289		-	given similarly as provided for in K.S.A. 59-2963, and amendments
290		-	thereto. Notice shall also be given promptly to the head of the treatment
291		-	facility treating the patient. The hearing shall be held as soon as
292		-	reasonably practical, but in no event more than 10 days following the
293		-	filing of the written request for a hearing. The patient shall remain in
294		-	treatment during the pendency of any such hearing, unless discharged
295		-	by the head of the treatment facility pursuant to K.S.A. 59-2973, and
296		-	amendments thereto.
297		-	(d) The district court having jurisdiction of any case may, on its
298		-	own motion or upon written request of any interested party, including
299		-	the head of the treatment facility where a patient is being treated, hold a
300		-	hearing to review the patient's status earlier than at the times set out in
301		-	subsection (b) above, if the court determines that a material change of HOUSE BILL No. 2353—page 6
302		-	circumstances has occurred necessitating an earlier hearing, however,
303		-	the patient shall not be entitled to have more than one review hearing
304		-	within each period of treatment as specified in any order for treatment,
305		-	order for out-patient treatment or order for continued treatment.
	512	+	desires a hearing. If the patient desires a hearing, the attorney shall file a
	513	+	written request for a hearing with the district court, which and the request
	514	+	shall be filed not later than the last day ending any period of treatment as
	515	+	specified in the court's order for treatment issued pursuant to K.S.A. 59-
	516	+	2966 or 59-2967, and amendments thereto, or the court's last entered order
	517	+	for continued treatment issued pursuant to subsection (f). If the patient
	518	+	does not desire a hearing, the patient's attorney shall file with the court a
	519	+	written statement that the attorney has consulted with the patient; the
	520	+	manner in which the attorney has consulted with the patient; that the
	521	+	attorney has fully explained to the patient the patient's right to a hearing as
	522	+	set out in this section and that if the patient does not request such a hearing
	523	+	that further treatment will likely be ordered, but that having been so
	524	+	advised the patient does not desire a hearing. Thereupon, the court may
	525	+	renew its order for treatment and may specify the next period of treatment
	526	+	as provided for in subsection (f). A copy of the court's order shall be given
	527	+	to the patient, the attorney for the patient, the patient's legal guardian, the
	528	+	petitioner or the county or district attorney, as appropriate, and to the head
	529	+	of the treatment facility treating the patient as the court directs.
	530	+	(c) Upon receiving a written request for a hearing, the district court
	531	+	shall set the matter for hearing and notice of such hearing shall be given
	532	+	similarly as provided for in K.S.A. 59-2963, and amendments thereto.
	533	+	Notice shall also be given promptly to the head of the treatment facility
	534	+	treating the patient. The hearing shall be held as soon as reasonably
	535	+	practical, but in no event more than 10 days following the filing of the
	536	+	written request for a hearing. The patient shall remain in treatment during
	537	+	the pendency of any such hearing, unless discharged by the head of the
	538	+	treatment facility pursuant to K.S.A. 59-2973, and amendments thereto.
	539	+	(d) The district court having jurisdiction of any case may, on its own
	540	+	motion or upon written request of any interested party, including the head
	541	+	of the treatment facility where a patient is being treated, hold a hearing to
	542	+	review the patient's status earlier than at the times set out in subsection (b)
	543	+	above, if the court determines that a material change of circumstances has
	544	+	occurred necessitating an earlier hearing, however, the patient shall not be
	545	+	entitled to have more than one review hearing within each period of
	546	+	treatment as specified in any order for treatment, order for out-patient
	547	+	treatment or order for continued treatment.
306	548		(e) The hearing shall be conducted in the same manner as hearings
307		-	provided for in K.S.A. 59-2965, and amendments thereto, except that
308		-	the hearing shall be to the court and the patient shall not have the right
309		-	to demand a jury. At the hearing it shall be the petitioner's or county or
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	592	+	provided for in K.S.A. 59-2965, and amendments thereto, except that the
	593	+	hearing shall be to the court and the patient shall not have the right to
	594	+	demand a jury. At the hearing it shall be the petitioner's or county or
310	595		district attorney's or treatment facility's burden to show that the patient
311		-	remains a mentally ill person subject to involuntary commitment for
312		-	~~care~~ and treatment under this act.
	596	+	remains a mentally ill person subject to involuntary commitment for care
	597	+	and treatment under this act.
313	598		(f) Upon completion of the hearing, if the court finds by clear and
314		-	convincing evidence that the patient continues to be a mentally ill
315		-	person subject to involuntary commitment for care and treatment under
316		-	this act, the court shall order continued treatment for a specified period
317		-	of time not to exceed three six months for any initial order for
318		-	continued treatment, nor more than six months in any subsequent order
319		-	for continued treatment, at an inpatient treatment facility as provided
320		-	for in K.S.A. 59-2966, and amendments thereto, or at an outpatient
321		-	treatment facility if the court determines that outpatient treatment is
322		-	appropriate under K.S.A. 59-2967, and amendments thereto, and a copy
323		-	of the court's order shall be provided to the head of the treatment
324		-	facility. If the court finds that it has not been shown by clear and
325		-	convincing evidence that the patient continues to be a mentally ill
326		-	person subject to involuntary commitment for care and treatment under
327		-	this act, it shall release the patient. A copy of the court's order of release
328		-	shall be provided to the patient, the patient's attorney, the patient's legal
329		-	guardian or other person known to be interested in the care and welfare
330		-	of a minor patient, and to the head of the treatment facility at which
331		-	where the patient had been receiving treatment.
332		-	Sec. 5. K.S.A. 59-2958, 59-2959 and 59-2969 and K.S.A. 2023
333		-	Supp. 59-2967 are hereby repealed.
	599	+	convincing evidence that the patient continues to be a mentally ill person
	600	+	subject to involuntary commitment for care and treatment under this act,
	601	+	the court shall order continued treatment for a specified period of time not
	602	+	to exceed three six months for any initial order for continued treatment,
	603	+	nor more than six months in any subsequent order for continued treatment,
	604	+	at an inpatient treatment facility as provided for in K.S.A. 59-2966, and
	605	+	amendments thereto, or at an outpatient treatment facility if the court
	606	+	determines that outpatient treatment is appropriate under K.S.A. 59-2967,
	607	+	and amendments thereto, and a copy of the court's order shall be provided
	608	+	to the head of the treatment facility. If the court finds that it has not been
	609	+	shown by clear and convincing evidence that the patient continues to be a
	610	+	mentally ill person subject to involuntary commitment for care and
	611	+	treatment under this act, it shall release the patient. A copy of the court's
	612	+	order of release shall be provided to the patient, the patient's attorney, the
	613	+	patient's legal guardian or other person known to be interested in the care
	614	+	and welfare of a minor patient, and to the head of the treatment facility at
	615	+	which where the patient had been receiving treatment.
	616	+	Sec. 5. K.S.A. 59-2958, 59-2959 and 59-2969 and K.S.A. 2022 Supp.
	617	+	59-2967 are hereby repealed.
334	618		Sec. 6. This act shall take effect and be in force from and after its
335	619		publication in the statute book.
336		-	I hereby certify that the above BILL originated in the
337		-	HOUSE, and passed that body
338		-	Speaker of the House.
339		-	Chief Clerk of the House.
340		-
341		-	Passed the SENATE ______________________________________________________________________________
342		-	President of the Senate.
343		-	Secretary of the Senate.
344		-	APPROVED __________________________________________________________________________________________________
345		-	Governor.
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