HOUSE BILL No. 2353
AN ACT concerning the care and treatment act for mentally ill persons; increasing the time
allowed for an initial continued treatment order; adding criteria to determine when
outpatient treatment may be ordered; amending K.S.A. 59-2958, 59-2959 and 59-
2969 and K.S.A. 2023 Supp. 59-2967 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 59-2958 is hereby amended to read as follows:
59-2958. (a) At the time the petition for the determination of whether a
person is a mentally ill person subject to involuntary commitment for
care and treatment under this act is filed, or any time thereafter prior to
the trial upon the petition as provided for in K.S.A. 59-2965, and
amendments thereto, the petitioner may request in writing that the
district court issue an ex parte emergency order including either or both
of the following:
(1) An order directing any law enforcement officer to take the
person named in the order into custody and transport the person to a
designated treatment facility or other suitable place willing to receive
and detain the person; or
(2) an order authorizing any named treatment facility or other
place to detain or continue to detain the person until the further order of
the court or until the ex parte emergency custody order shall expire.
(b) No ex parte emergency custody order shall provide for the
detention of any person at a state psychiatric hospital unless a written
statement from a qualified mental health professional authorizing such
admission and detention at a state psychiatric hospital has been filed
with the court.
(c) No ex parte emergency custody order shall provide for the
detention of any person in a nonmedical facility used for the detention
of persons charged with or convicted of a crime.
(d) If no other suitable facility at which where such person may be
detained is willing to accept the person, then the participating mental
health center for that area shall provide a suitable place to detain the
person until the further order of the court or until the ex parte
emergency custody order shall expire.
(e) An ex parte emergency custody order issued under this section
shall expire at 5:00 p.m. of the second third day the district court is
open for the transaction of business after the date of its issuance, which
and the expiration date shall be stated in the order.
(f) The district court shall not issue successive ex parte emergency
custody orders.
(g) In lieu of issuing an ex parte emergency custody order, the
court may allow the person with respect to whom the request was made
to remain at liberty, subject to such conditions as the court may impose.
Sec. 2. K.S.A. 59-2959 is hereby amended to read as follows: 59-
2959. (a) At the time that the petition for determination of mental
illness is filed, or any time thereafter prior to the trial upon the petition
as provided for in K.S.A. 59-2965, and amendments thereto, the
petitioner may request in writing that the district court issue a
temporary custody order. The request shall state:
(1) The reasons why the person should be detained prior to the
hearing on the petition;
(2) whether an ex parte emergency custody order has been
requested or was granted; and
(3) the present whereabouts of the person named in the petition.
(b) Upon the filing of a request for a temporary custody order, the
court shall set the matter for a hearing which that shall be held not later
than the close of business of the second third day the district court is
open for the transaction of business after the filing of the request. The
petitioner and the person with respect to whom the request has been
filed shall be notified of the time and place of the hearing and that they
shall each be afforded an opportunity to appear at the hearing, to testify
and to present and cross-examine witnesses. If the person with respect
to whom the request has been filed has not yet retained or been
appointed an attorney, the court shall appoint an attorney for the person.
(c) (1) At the hearing scheduled upon the request, the person with HOUSE BILL No. 2353—page 2
respect to whom the request has been filed shall be present unless the
attorney for the person requests that the person's presence be waived
and the court finds that the person's presence at the hearing would be
injurious to the person's welfare. The court shall enter in the record of
the proceedings the facts upon which the court has found that the
presence of the person at the hearing would be injurious to such
person's welfare. However, if the person with respect to whom the
request has been filed states in writing to the court or to such person's
attorney that such person wishes to be present at the hearing, the
person's presence cannot be waived.
(2) The hearing shall be conducted in as informal a manner as may
be consistent with orderly procedure and in a physical setting not likely
to have a harmful effect on the person with respect to whom the request
has been filed. All persons not necessary for the conduct of the
proceedings may be excluded. The court shall receive all relevant and
material evidence which that may be offered. The rules governing
evidentiary and procedural matters shall be applied to hearings under
this section in a manner so as to facilitate informal, efficient
presentation of all relevant, probative evidence and resolution of issues
with due regard to the interests of all parties. The facts or data upon
which a duly qualified expert bases an opinion or inference may be
those perceived by or made known to the expert at or before the
hearing and if of a type reasonably relied upon by experts in their
particular field in forming opinions or inferences upon the subject, the
facts or data need not be admissible in evidence. The expert may testify
in terms of opinion or inference and give the expert's reasons therefor
without prior disclosure of the underlying facts or data unless the court
requires otherwise. If requested on cross-examination, the expert shall
disclose the underlying facts or data.
(3) If the petitioner is not represented by counsel, the county or
district attorney shall represent the petitioner, prepare all necessary
papers, appear at the hearing and present such evidence as the county or
district attorney determines to be of aid to the court in determining
whether or not there is probable cause to believe that the person with
respect to whom the request has been filed is a mentally ill person
subject to involuntary commitment for care and treatment under this
act, and that it would be in the best interests of the person to be
detained until the trial upon the petition.
(d) After the hearing, if the court determines from the evidence
that:
(1) There is probable cause to believe that the person with respect
to whom the request has been filed is a mentally ill person subject to
involuntary commitment for care and treatment under this act, and that
it is in the best interests of the person to be detained until the trial upon
the petition, the court shall issue a temporary custody order;
(2) there is probable cause to believe that the person with respect
to whom the request has been filed is a mentally ill person subject to
involuntary commitment for care and treatment under this act, but that
it would not be in their best interests to be detained until the trial upon
the petition, the court may allow the person to be at liberty, subject to
such conditions as the court may impose; or
(3) there is not probable cause to believe that the person with
respect to whom the request has been filed is a mentally ill person
subject to involuntary commitment for care and treatment under this
act, the court shall terminate the proceedings and release the person.
(e) (1) A temporary custody order issued pursuant to this section
may direct any law enforcement officer or any other person designated
by the court to take the person named in the order into custody and
transport them to a designated treatment facility, and authorize the HOUSE BILL No. 2353—page 3
designated treatment facility to detain and treat the person until the trial
upon the petition.
(2) No temporary custody order shall provide for the detention and
treatment of any person at a state psychiatric hospital unless a written
statement from a qualified mental health professional authorizing such
admission and detention at a state psychiatric hospital has been filed
with the court.
(3) No temporary custody order shall provide for the detention of
any person in a nonmedical facility used for the detention of persons
charged with or convicted of a crime.
(4) If no other suitable facility at which where such person may be
detained is willing to accept the person, then the participating mental
health center for that area shall provide a suitable place to detain the
person until the further order of the court or until the trial upon the
petition.
Sec. 3. K.S.A. 2023 Supp. 59-2967 is hereby amended to read as
follows: 59-2967. (a) An order for outpatient treatment may be entered
by the court at any time in lieu of any type of order which that would
have required inpatient care and treatment if the court finds that the
patient is:
(1) Likely to comply with an outpatient treatment order and that
the patient will not likely be a danger to the community or be likely to
cause harm to self or others while subject to an outpatient treatment
order Will meet the criteria for required inpatient care and treatment in
the proximate future without such outpatient treatment and is only
likely to attend outpatient treatment if there is a court order mandating
such treatment; or
(2) is, if left untreated, reasonably expected to experience an
increase in the symptoms caused by the illness that would result in the
need for inpatient care and treatment in the proximate future and
whose mental illness has previously caused the patient to refuse needed
and appropriate mental health services in the community.
(b) No order for outpatient treatment shall be entered unless the
head of the outpatient treatment facility has consented to treat the
patient on an outpatient basis under the terms and conditions set forth
by the court, except that no order for outpatient treatment shall be
refused by a participating mental health center.
(c) If outpatient treatment is ordered, the order may state specific
conditions to be followed by the patient, but shall include the general
condition that the patient is required to comply with all directives and
treatment as required by the head of the outpatient treatment facility or
the head's designee. Such directives and treatment plans shall be
provided to the court in writing within 10 business days after the order
for outpatient treatment is issued. Failure to provide such directives
and treatment plans to the court as required by this subsection is not
grounds for dismissal of the order unless the failure is made in bad
faith. The court may also make such orders as are appropriate to
provide for monitoring the patient's progress and compliance with
outpatient treatment. Within any outpatient order for treatment the court
shall specify the period of treatment as provided for in subsection (a) of
K.S.A. 59-2966(a) or subsection (f) of K.S.A. 59-2969(f), and
amendments thereto.
(d) The court shall retain jurisdiction to modify or revoke the
order for outpatient treatment at any time on its own motion, on the
motion of any counsel of record or upon notice from the treatment
facility of any need for new conditions in the order for outpatient
treatment or of material noncompliance by the patient with the order for
outpatient treatment. However, if the venue of the matter has been
transferred to another court, then the court having venue of the matter HOUSE BILL No. 2353—page 4
shall have such jurisdiction to modify or revoke the outpatient
treatment order. Revocation or modification of an order for outpatient
treatment may be made ex parte by order of the court in accordance
with the provisions of subsections (e) or (f).
(e) The treatment facility shall immediately report to the court any
material noncompliance by the patient with the outpatient treatment
order. Such notice may be verbal or by telephone but shall be followed
by a verified written, facsimile or electronic notice sent to the court, to
counsel for all parties and, as appropriate, to the head of the inpatient
treatment facility designated to receive the patient, by not later than
5:00 p.m. of the first day the district court is open for the transaction of
business after the verbal or telephonic communication was made to the
court. Upon receipt of verbal, telephone, or verified written, facsimile
or electronic notice of material noncompliance, the court may enter an
ex parte emergency custody order providing for the immediate
detention of the patient in a designated inpatient treatment facility
except that the court shall not order the detention of the patient at a
state psychiatric hospital, unless a written statement from a qualified
mental health professional authorizing such detention at a state
psychiatric hospital has been filed with the court. Any ex parte
emergency custody order issued by the court under this subsection shall
expire at 5:00 p.m. of the second third day the district court is open for
the transaction of business after the patient is taken into custody. The
court shall not enter successive ex parte emergency custody orders.
(f) (1) Upon the taking of a patient into custody pursuant to an ex
parte emergency custody order revoking a previously issued order for
outpatient treatment and ordering the patient to involuntary inpatient
care the court shall set the matter for hearing not later than the close of
business on the second third day the court is open for business after the
patient is taken into custody. Notice of the hearing shall be given to the
patient, the patient's attorney, the patient's legal guardian, the petitioner
or the county or district attorney as appropriate, the head of the
outpatient treatment facility and the head of the inpatient treatment
facility, similarly as provided for in K.S.A. 59-2963, and amendments
thereto.
(2) Upon the entry of an ex parte order modifying a previously
issued order for outpatient treatment, but allowing the patient to remain
at liberty, a copy of the order shall be served upon the patient, the
patient's attorney, the county or district attorney and the head of the
outpatient treatment facility similarly as provided for in K.S.A. 59-
2963, and amendments thereto. Thereafter, any party to the matter,
including the petitioner, the county or district attorney or the patient,
may request a hearing on the matter if the request is filed within five
days from the date of service of the ex parte order upon the patient. The
court may also order such a hearing on its own motion within five days
from the date of service of the notice. If no request or order for hearing
is filed within the five-day period, the ex parte order and the terms and
conditions set out in the ex parte order shall become the final order of
the court substituting for any previously entered order for outpatient
treatment. If a hearing is requested, a formal written request for
revocation or modification of the outpatient treatment order shall be
filed by the county or district attorney or the petitioner and a hearing
shall be held thereon within 5 days after the filing of the request.
(g) The hearing held pursuant to subsection (f) shall be conducted
in the same manner as hearings provided for in K.S.A. 59-2959, and
amendments thereto. Upon the completion of the hearing, if the court
finds by clear and convincing evidence that the patient violated any
condition of the outpatient treatment order, the court may enter an order
for inpatient treatment, except that the court shall not order treatment at HOUSE BILL No. 2353—page 5
a state psychiatric hospital unless a written statement from a qualified
mental health professional authorizing such treatment at a state
psychiatric hospital has been filed with the court, or may modify the
order for outpatient treatment with different terms and conditions in
accordance with this section.
(h) The outpatient treatment facility shall comply with the
provisions of K.S.A. 59-2969, and amendments thereto, concerning the
filing of written reports for each period of treatment during the time
any outpatient treatment order is in effect and the court shall receive
and process such reports in the same manner as reports received from
an inpatient treatment facility.
Sec. 4. K.S.A. 59-2969 is hereby amended to read as follows: 59-
2969. (a) At least 14 days prior to the end of each period of treatment,
as set out in the court order for such treatment, the head of the
treatment facility furnishing treatment to the patient shall cause to be
filed with the court a written report summarizing the treatment
provided and the findings and recommendations of the treatment
facility concerning the need for further treatment for the patient. Upon
the filing of this written report, the court shall notify the patient's
attorney of record that this written report has been filed. If there is no
attorney of record for the patient, the court shall appoint an attorney
and notify such attorney that the written report has been filed.
(b) When the attorney for the patient has received notice that the
treatment facility has filed with the district court its written report, the
attorney shall consult with the patient to determine whether the patient
desires a hearing. If the patient desires a hearing, the attorney shall file
a written request for a hearing with the district court, which and the
request shall be filed not later than the last day ending any period of
treatment as specified in the court's order for treatment issued pursuant
to K.S.A. 59-2966 or 59-2967, and amendments thereto, or the court's
last entered order for continued treatment issued pursuant to subsection
(f). If the patient does not desire a hearing, the patient's attorney shall
file with the court a written statement that the attorney has consulted
with the patient; the manner in which the attorney has consulted with
the patient; that the attorney has fully explained to the patient the
patient's right to a hearing as set out in this section and that if the
patient does not request such a hearing that further treatment will likely
be ordered, but that having been so advised the patient does not desire a
hearing. Thereupon, the court may renew its order for treatment and
may specify the next period of treatment as provided for in subsection
(f). A copy of the court's order shall be given to the patient, the attorney
for the patient, the patient's legal guardian, the petitioner or the county
or district attorney, as appropriate, and to the head of the treatment
facility treating the patient as the court directs.
(c) Upon receiving a written request for a hearing, the district
court shall set the matter for hearing and notice of such hearing shall be
given similarly as provided for in K.S.A. 59-2963, and amendments
thereto. Notice shall also be given promptly to the head of the treatment
facility treating the patient. The hearing shall be held as soon as
reasonably practical, but in no event more than 10 days following the
filing of the written request for a hearing. The patient shall remain in
treatment during the pendency of any such hearing, unless discharged
by the head of the treatment facility pursuant to K.S.A. 59-2973, and
amendments thereto.
(d) The district court having jurisdiction of any case may, on its
own motion or upon written request of any interested party, including
the head of the treatment facility where a patient is being treated, hold a
hearing to review the patient's status earlier than at the times set out in
subsection (b) above, if the court determines that a material change of HOUSE BILL No. 2353—page 6
circumstances has occurred necessitating an earlier hearing, however,
the patient shall not be entitled to have more than one review hearing
within each period of treatment as specified in any order for treatment,
order for out-patient treatment or order for continued treatment.
(e) The hearing shall be conducted in the same manner as hearings
provided for in K.S.A. 59-2965, and amendments thereto, except that
the hearing shall be to the court and the patient shall not have the right
to demand a jury. At the hearing it shall be the petitioner's or county or
district attorney's or treatment facility's burden to show that the patient
remains a mentally ill person subject to involuntary commitment for
care and treatment under this act.
(f) Upon completion of the hearing, if the court finds by clear and
convincing evidence that the patient continues to be a mentally ill
person subject to involuntary commitment for care and treatment under
this act, the court shall order continued treatment for a specified period
of time not to exceed three six months for any initial order for
continued treatment, nor more than six months in any subsequent order
for continued treatment, at an inpatient treatment facility as provided
for in K.S.A. 59-2966, and amendments thereto, or at an outpatient
treatment facility if the court determines that outpatient treatment is
appropriate under K.S.A. 59-2967, and amendments thereto, and a copy
of the court's order shall be provided to the head of the treatment
facility. If the court finds that it has not been shown by clear and
convincing evidence that the patient continues to be a mentally ill
person subject to involuntary commitment for care and treatment under
this act, it shall release the patient. A copy of the court's order of release
shall be provided to the patient, the patient's attorney, the patient's legal
guardian or other person known to be interested in the care and welfare
of a minor patient, and to the head of the treatment facility at which
where the patient had been receiving treatment.
Sec. 5. K.S.A. 59-2958, 59-2959 and 59-2969 and K.S.A. 2023
Supp. 59-2967 are hereby repealed.
Sec. 6. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the
HOUSE, and passed that body
Speaker of the House.
Chief Clerk of the House.
Passed the SENATE ______________________________________________________________________________
President of the Senate.
Secretary of the Senate.
APPROVED __________________________________________________________________________________________________
Governor.