Division of the Budget
Landon State Office Building Phone: (785) 296-2436
900 SW Jackson Street, Room 504 adam.c.proffitt@ks.gov
Topeka, KS 66612 http://budget.kansas.gov
Adam C. Proffitt, Director Laura Kelly, Governor
Division of the Budget
February 24, 2025
The Honorable Kellie Warren, Chairperson
Senate Committee on Judiciary
300 SW 10th Avenue, Room 346-S
Topeka, Kansas 66612
Dear Senator Warren:
SUBJECT: Fiscal Note for SB 243 by Senate Committee on Judiciary
In accordance with KSA 75-3715a, the following fiscal note concerning SB 243 is
respectfully submitted to your committee.
SB 243 would allow the court to order competency evaluations for a defendant on an
outpatient basis for misdemeanors. The bill would prohibit a court from ordering a competency
evaluation unless the court holds a hearing and issues an order with certain information. The court
would be required to provide a report to the facility conducting the outpatient competency
evaluation or to a state facility conducting an inpatient competency evaluation. The bill would
prohibit any statement made by a defendant during a competency evaluation to be admitted as
evidence against the defendant in a criminal proceeding. The bill would specify that a defendant
charged with a misdemeanor offense and found incompetent to stand trial would be ordered to
receive outpatient evaluation and treatment unless certain conditions are present, including the
defendant being held in a jail that does not have the necessary resources for evaluation and
treatment. The bill would also outline procedures and reporting requirements for commitment to
a state hospital for inpatient competency evaluations for defendants charged with felony offenses.
The Kansas Department for Aging and Disability Services (KDADS) indicates enactment
of the bill could increase the number of outpatient competency evaluations and competency
restoration services it would be required to provide. KDADS notes that it provides funding to the
Community Mental Health Centers and Certified Community Behavioral Health Clinics to conduct
outpatient competency services. The bill could increase the number of evaluations performed by
these facilities for outpatient competency services. KDADS states that current resources are
sufficient to absorb additional evaluations and restoration services. KDADS notes that shifting
defendants who can appropriately receive competency services from an inpatient to an outpatient The Honorable Kellie Warren, Chairperson
Page 2—SB 243
basis may potentially decrease the number of defendants being ordered to the limited number of
inpatient beds at the state security hospital, which may reduce the length of time defendants
ordered by the court wait for admission. KDADS states that the bill could affect Community
Mental Health Centers that perform competency evaluation and restoration services through
additional referrals from courts for misdemeanor cases, which could encourage additional facilities
to conduct competency evaluations and restoration. However, any fiscal effect on the agency
could be absorbed within existing resources.
The Office of Judicial Administration indicates enactment of the bill would increase
expenditures for the Judicial Branch because the bill requires judges to hold additional hearings,
make findings, and issue court orders in certain cases. In addition, the Office states district court
clerks would be required to provide copies of the court orders to certain entities. These
requirements would increase the workload of district court personnel. However, a fiscal effect
cannot be estimated. Any fiscal effect associated with SB 243 is not reflected in The FY 2026
Governor’s Budget Report.
Sincerely,
Adam C. Proffitt
Director of the Budget
cc: Trisha Morrow, Judiciary
Leigh Keck, Department for Aging & Disability Services