Kansas 2025-2026 Regular Session

Kansas Senate Bill SB243 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	Session of 2025
2	2	SENATE BILL No. 243
3	3	By Committee on Judiciary
4	4	2-6
5	5	AN ACT concerning criminal procedure; relating to competency to stand
6	6	trial; requiring the court to make certain findings in treatment orders;
7	7	requiring outpatient examination and evaluation in certain
8	8	circumstances; amending K.S.A. 22-3302 and 22-3303 and repealing
9	9	the existing sections.
10	10	Be it enacted by the Legislature of the State of Kansas:
11	11	Section 1. K.S.A. 22-3302 is hereby amended to read as follows: 22-
12	12	3302. (a) At any time after the defendant has been charged with a crime
13	13	and before pronouncement of sentence, the defendant, the defendant's
14	14	counsel or the prosecuting attorney may request a determination of the
15	15	defendant's competency to stand trial. If, upon the request of either party
16	16	or upon the judge's own knowledge and observation, the judge before
17	17	whom the case is pending finds that there is reason to believe that the
18	18	defendant is incompetent to stand trial, the proceedings shall be suspended
19	19	and a hearing conducted to determine the competency of the defendant.
20	20	(b) (1) If a defendant is charged with a misdemeanor, the court shall
21	21	order the examination and evaluation of a defendant's competency to
22	22	stand trial on an outpatient basis in an appropriate state, county or
23	23	private institution or facility.
24	24	(2) If the defendant is charged with a felony,:
25	25	(A) The hearing to determine the competency of the defendant shall
26	26	be conducted by a district judge; and
27	27	(B) the court may order the examination and evaluation of a
28	28	defendant's competency to stand trial on an outpatient basis in an
29	29	appropriate state, county or private institution and shall not order
30	30	inpatient examination and evaluation services at a state hospital or the
31	31	state security hospital to determine competency unless the court holds a
32	32	hearing and issues an order stating:
33	33	(i) The facts upon which the court determined outpatient competency,
34	34	examination and evaluation services cannot be conducted in an
35	35	appropriate state, county or private institution or facility;
36	36	(ii) the potential length of incarceration the defendant could be
37	37	sentenced to serve for each offense;
38	38	(iii) the anticipated length of time for completion of inpatient
39	39	examination and evaluation services;
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76	76	(iv) whether the defendant is charged with an off-grid or nondrug
77	77	severity level 1 through 3 felony or a violation of K.S.A. 21-3504, 21-3511,
78	78	21-3518, 21-3603 or 21-3719, prior to their repeal, or K.S.A 21-5505(b),
79	79	21-5506(b), 21-5508(b), 21-5604(b) or 21-5812(b), and amendments
80	80	thereto; and
81	81	(v) the conditions that would require a defendant who is currently on
82	82	bond to be committed for inpatient examination and evaluation, if
83	83	applicable.
84	84	(3) The court shall provide a copy of each order for:
85	85	(A) Outpatient competency examination and evaluation to be
86	86	conducted in an appropriate state, county or private institution or facility
87	87	to the secretary for aging and disability services or the secretary's
88	88	designee; and
89	89	(B) inpatient competency examination and evaluation to be
90	90	conducted at the state security hospital or its agent to the state security
91	91	hopsital.
92	92	(c) (1) Subject to subsection (b), the court shall determine the issue of
93	93	competency and may impanel a jury of six persons to assist in making the
94	94	determination. The court may order a psychiatric or psychological
95	95	examination of the defendant. To facilitate the examination, the court may:
96	96	(A) Order that an evaluation be completed by an appropriate state,
97	97	county or private institution or facility to be conducted in person or by use
98	98	of available electronic means while the defendant is in jail, at any secure
99	99	location or on pretrial release;
100	100	(B) designate an appropriate state, county or private institution or
101	101	facility to conduct the examination while the defendant is in jail, at any
102	102	secure location or on pretrial release; or
103	103	(C) appoint a licensed physician who is qualified through training or
104	104	experience or a licensed psychologist to examine the defendant and report
105	105	to the court.
106	106	(2) If the court orders the defendant committed to an institution or
107	107	facility for the an inpatient examination, the commitment shall be for a
108	108	period not to exceed 60 days from the date of admission or until the
109	109	examination is completed, whichever is the shorter period of time. No
110	110	statement made by the defendant in the course of any examination
111	111	provided for by this section, whether or not the defendant consents to the
112	112	examination, shall be admitted in evidence against the defendant in any
113	113	criminal proceeding.
114	114	(3) Before the expiration of the 60-day evaluation period, the
115	115	professional approved by the court to examine the defendant or, if the
116	116	defendant is committed for inpatient examination, the chief medical officer
117	117	or head of the appropriate institution or facility shall certify to the court
118	118	whether the defendant is competent to stand trial.
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162	162	(4) Upon notification of the court that a defendant committed for
163	163	inpatient psychiatric or psychological examination under this subsection
164	164	has been found competent to stand trial, the court shall order that the
165	165	defendant be returned no later than seven days after receipt of the notice
166	166	for proceedings under this section. If the defendant is not returned within
167	167	that time, the county where the proceedings will be held shall pay the costs
168	168	of maintaining the defendant at the institution or facility for the period of
169	169	time the defendant remains at the institution or facility in excess of the
170	170	seven-day period.
171	171	(d) No statement made by the defendant in the course of any
172	172	examination provided for by this section, whether or not the defendant
173	173	consents to the examination, shall be admitted in evidence against the
174	174	defendant in any criminal proceeding.
175	175	(e) If the defendant is found to be competent, the proceedings that
176	176	have been suspended shall be resumed. If the proceedings were suspended
177	177	before or during the preliminary examination, the judge who conducted the
178	178	competency hearing may conduct a preliminary examination or, if a
179	179	district magistrate judge was conducting the proceedings prior to the
180	180	competency hearing, the judge who conducted the competency hearing
181	181	may order the preliminary examination to be heard by a district magistrate
182	182	judge.
183	183	(e)(f) If the defendant is found to be incompetent to stand trial, the
184	184	court shall proceed in accordance with K.S.A. 22-3303, and amendments
185	185	thereto.
186	186	(f)(g) If proceedings are suspended and a hearing to determine the
187	187	defendant's competency is ordered after the defendant is in jeopardy, the
188	188	court may either order a recess or declare a mistrial.
189	189	(g)(h) The defendant shall be present personally at all proceedings
190	190	under this section.
191	191	Sec. 2. K.S.A. 22-3303 is hereby amended to read as follows: 22-
192	192	3303. (a) (1) A defendant who is charged with a crime and is found to be
193	193	incompetent to stand trial shall be ordered for evaluation and treatment,
194	194	conducted on an outpatient or inpatient basis, by an appropriate state,
195	195	county or private institution or facility. Evaluation or restorative treatment
196	196	of a defendant shall not be conducted in a jail unless the administrative
197	197	head or law enforcement official in charge of the jail agrees to such
198	198	evaluation or restorative treatment being conducted in such jail.
199	199	(2) An evaluation and treatment may be ordered to be conducted on
200	200	an outpatient basis in person or by use of available electronic means while
201	201	the defendant is in jail, at any secure location, on pretrial release or in any
202	202	other appropriate setting.
203	203	(3) For a defendant charged with a misdemeanor offense, outpatient
204	204	evaluation and treatment may shall be ordered to be conducted by an
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248	248	appropriate state, county or private institution or facility unless:
249	249	(A) The defendant is held in jail and the official in charge of the jail
250	250	has determined that the jail does not have the necessary resources to
251	251	accommodate the evaluation and treatment of the defendant by an
252	252	appropriate provider in the jail setting; or
253	253	(B) the court holds a hearing and makes a finding that inpatient
254	254	evaluation and treatment is necessary after considering:
255	255	(i) The facts upon which the court determined inpatient evaluation
256	256	and treatment is necessary;
257	257	(ii) the potential length of incarceration the defendant could be
258	258	sentenced to serve for each offense;
259	259	(iii) the anticipated length of time for completion of inpatient
260	260	examination and evaluation services; and
261	261	(iv) the conditions that would require a defendant who is currently on
262	262	bond to be committed for inpatient examination and evaluation, if
263	263	applicable.
264	264	(4) For a defendant charged with a felony offense,:
265	265	(A) Outpatient evaluation and treatment may be ordered to be
266	266	conducted by an appropriate state, county or private institution or facility.;
267	267	(5)(B) For a defendant charged with a felony offense, a commitment
268	268	to the state security hospital or its agent or a state hospital or its agent may
269	269	by conducted on a an inpatient basis or, if the defendant meets the
270	270	screening criteria established by the state security hospital, on an
271	271	outpatient basis; or
272	272	(C) a commitment to the state security hospital or its agent or a state
273	273	hospital or its agent for inpatient competency evaluation and treatment
274	274	may only be ordered after the court holds a hearing and issues an order
275	275	stating:
276	276	(i) The facts upon which the court determined that outpatient
277	277	competency evaluation and treatment services ordered by an appropriate
278	278	state, county or private institution or facility are not appropriate as a first
279	279	option for the defendant with commitment for inpatient competency
280	280	evaluation and treatment services at the state security hospital or its agent
281	281	or the state hospital or its agency being ordered as an alternative if
282	282	outpatient services are terminated pursuant to subsection (d);
283	283	(ii) the potential length of incarceration the defendant could be
284	284	sentenced to serve for each offense;
285	285	(iii) the anticipated length of time for completion of inpatient
286	286	examination and evaluation services;
287	287	(iv) whether the defendant is charged with an off-grid or nondrug
288	288	severity level 1 through 3 felony or a violation of K.S.A. 21-3504, 21-3511,
289	289	21-3518, 21-3603 or 21-3719, prior to their repeal, or K.S.A 21-5505(b),
290	290	21-5506(b), 21-5508(b), 21-5604(b) or 21-5812(b), and amendments
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334	334	thereto; and
335	335	(v) the conditions that would require a defendant who is currently on
336	336	bond to be committed for inpatient examination and evaluation, if
337	337	applicable.
338	338	(6)(5) At the commencement of outpatient treatment at an
339	339	appropriate state, county or private institution or facility that is not a jail
340	340	or other secure setting, the institution or facility conducting the treatment
341	341	shall notify the prosecuting attorney in the county where the criminal
342	342	proceeding is pending for the purpose of providing victim notification. If
343	343	notification was provided to the victim at the time the defendant was
344	344	released on bond and no change in the defendant's bond status or address
345	345	occurred, no additional victim notification is required when outpatient
346	346	competency evaluation and treatment is commenced.
347	347	(6) The court shall provide a copy of each order for:
348	348	(A) Outpatient competency examination and evaluation to be
349	349	conducted in an appropriate state, county or private institution or facility
350	350	to the secretary for aging and disability services or the secretary's
351	351	designee; and
352	352	(B) inpatient competency examination and evaluation to be
353	353	conducted at the state security hospital or its agent to the state security
354	354	hospital.
355	355	(b) (1) Except as provided in subsection (d), if the defendant is
356	356	ordered to receive an evaluation and treatment on an outpatient basis
357	357	conducted by an appropriate state, county or private institution or facility,
358	358	the chief medical officer of such institution or head of such facility shall
359	359	certify to the court, within 90 days after the commencement of outpatient
360	360	treatment, whether the defendant has a substantial probability of attaining
361	361	competency to stand trial in the foreseeable future. The court shall set a
362	362	hearing within 21 days after certification unless exceptional circumstances
363	363	warrant delay, for the purpose of determining competency.
364	364	(2) If such probability does exist, the court shall order the defendant
365	365	to remain in jail or at a secure location, on pretrial release pursuant to
366	366	K.S.A. 22-2802, and amendments thereto, or at an appropriate setting until
367	367	the defendant attains competency to stand trial or for a period of six
368	368	months from the date of the commencement of outpatient treatment,
369	369	whichever occurs first. If such probability does not exist, the court shall
370	370	order the prosecuting attorney where the charges are filed to commence
371	371	involuntary commitment proceedings pursuant to article 29 of chapter 59
372	372	of the Kansas Statutes Annotated, and amendments thereto, within 21 days
373	373	of receipt of the certification from the chief medical officer of the
374	374	institution or head of the facility unless exceptional circumstances warrant
375	375	delay. When a defendant is charged with any off-grid felony, any nondrug
376	376	severity level 1 through 3 felony, or a violation of K.S.A. 21-3504, 21-
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420	420	3511, 21-3518, 21-3603 or 21-3719, prior to their repeal, or K.S.A. 21-
421	421	5505(b), 21-5506(b), 21-5508(b), 21-5604(b) or 21-5812(b), and
422	422	amendments thereto, and commitment proceedings have commenced, for
423	423	such proceeding, "mentally ill person subject to involuntary commitment
424	424	for care and treatment" means a mentally ill person, as defined in K.S.A.
425	425	59-2946(e), and amendments thereto, who is likely to cause harm to self or
426	426	others, as defined in K.S.A. 59-2946(f)(3), and amendments thereto. The
427	427	other provisions of K.S.A. 59-2946(f), and amendments thereto, shall not
428	428	apply.
429	429	(3) If a defendant who was found to have had a substantial
430	430	probability of attaining competency to stand trial, as provided in paragraph
431	431	(2), has not attained competency to stand trial within six months from the
432	432	date of the original commitment, the court shall order the prosecuting
433	433	attorney where the charges are filed or the secretary for aging and
434	434	disability services to commence involuntary commitment proceedings
435	435	pursuant to article 29 of chapter 59 of the Kansas Statutes Annotated, and
436	436	amendments thereto, within 21 days of receipt of the certification from the
437	437	chief medical officer of the institution or the head of the facility unless
438	438	exceptional circumstances warrant delay. When a defendant is charged
439	439	with any off-grid felony, any nondrug severity level 1 through 3 felony, or
440	440	a violation of K.S.A. 21-3504, 21-3511, 21-3518, 21-3603 or 21-3719,
441	441	prior to their repeal, K.S.A. 21-5505(b), 21-5506(b), 21-5508(b), 21-
442	442	5604(b) or 21-5812(b), and amendments thereto, and commitment
443	443	proceedings have commenced, for such proceeding, "mentally ill person
444	444	subject to involuntary commitment for care and treatment" means a
445	445	mentally ill person, as defined in K.S.A. 59-2946(e), and amendments
446	446	thereto, who is likely to cause harm to self or others, as defined in K.S.A.
447	447	59-2946(f)(3), and amendments thereto. The other provisions of K.S.A.
448	448	59-2946(f), and amendments thereto, shall not apply.
449	449	(4) When reasonable grounds exist to believe that a defendant who
450	450	has been adjudged incompetent to stand trial is competent, the court in
451	451	which the criminal case is pending shall conduct a hearing in accordance
452	452	with K.S.A. 22-3302, and amendments thereto, to determine the person's
453	453	present mental condition. Such court shall give reasonable notice of such
454	454	hearings to the prosecuting attorney, the defendant and the defendant's
455	455	attorney of record, if any. The prosecuting attorney shall provide victim
456	456	notification. If the court, following such hearing, finds the defendant to be
457	457	competent, the proceedings pending against the defendant shall be
458	458	resumed.
459	459	(5) A defendant committed to a public institution or facility under the
460	460	provisions of this section who is thereafter sentenced for the crime charged
461	461	at the time of commitment shall be credited with all of the time during
462	462	which the defendant was committed and confined in such public institution
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506	506	or facility.
507	507	(c) (1) Except as provided in subsection (d), if a defendant is ordered
508	508	or met criteria to receive an evaluation and treatment on an outpatient
509	509	basis conducted by the state security hospital or its agent or a state hospital
510	510	or its agent, the chief medical officer shall certify to the court, within 90
511	511	days after commencement of treatment, whether the defendant has a
512	512	substantial probability of attaining competency to stand trial in the
513	513	foreseeable future.
514	514	(2) If such probability does exist, the court shall order the defendant
515	515	to remain in jail or at a secure location, on pretrial release pursuant to
516	516	K.S.A. 22-2802, and amendments thereto, or at an appropriate setting until
517	517	the defendant attains competency to stand trial or for a period of six
518	518	months from the date of the commencement of outpatient treatment,
519	519	whichever occurs first. If such probability does not exist, the court shall
520	520	order the prosecuting attorney where the charges are filed or the secretary
521	521	for aging and disability services to commence involuntary commitment
522	522	proceedings pursuant to article 29 of chapter 59 of the Kansas Statutes
523	523	Annotated, and amendments thereto, within 21 days of receipt of the
524	524	certification from the chief medical officer of the institution or the head of
525	525	the facility unless exceptional circumstances warrant delay. When a
526	526	defendant is charged with any off-grid felony, any nondrug severity level 1
527	527	through 3 felony or a violation of K.S.A. 21-3504, 21-3511, 21-3518, 21-
528	528	3603 or 21-3719, prior to their repeal, or K.S.A. 21-5505(b), 21-5506(b),
529	529	21-5508(b), 21-5604(b) or 21-5812(b), and amendments thereto, and
530	530	commitment proceedings have commenced, for such proceeding,
531	531	"mentally ill person subject to involuntary commitment for care and
532	532	treatment" means a mentally ill person, as defined in K.S.A. 59-2946(e),
533	533	and amendments thereto, who is likely to cause harm to self or others, as
534	534	defined in K.S.A. 59-2946(f)(3), and amendments thereto. The other
535	535	provisions of K.S.A. 59-2946(f), and amendments thereto, shall not apply.
536	536	(3) If a defendant who was found to have had a substantial
537	537	probability of attaining competency to stand trial, as provided in paragraph
538	538	(2), has not attained competency to stand trial within six months from the
539	539	date of the original commitment, the court shall order the prosecuting
540	540	attorney where the charges are filed or the secretary for aging and
541	541	disability services to commence involuntary commitment proceedings
542	542	pursuant to article 29 of chapter 59 of the Kansas Statutes Annotated, and
543	543	amendments thereto, within 21 days of receipt of the certification from the
544	544	chief medical officer of the institution or the head of the facility unless
545	545	exceptional circumstances warrant delay. When a defendant is charged
546	546	with any off-grid felony, any nondrug severity level 1 through 3 felony or
547	547	a violation of K.S.A. 21-3504, 21-3511, 21-3518, 21-3603 or 21-3719,
548	548	prior to their repeal, or K.S.A. 21-5505(b), 21-5506(b), 21-5508(b), 21-
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592	592	5604(b) or 21-5812(b), and amendments thereto, and commitment
593	593	proceedings have commenced, for such proceeding, "mentally ill person
594	594	subject to involuntary commitment for care and treatment" means a
595	595	mentally ill person, as defined in K.S.A. 59-2946(e), and amendments
596	596	thereto, who is likely to cause harm to self or others, as defined in K.S.A.
597	597	59-2946(f)(3), and amendments thereto. The other provisions of K.S.A.
598	598	59-2946(f), and amendments thereto, shall not apply.
599	599	(4) When reasonable grounds exist to believe that a defendant who
600	600	has been adjudged incompetent to stand trial is competent, the court in
601	601	which the criminal case is pending shall conduct a hearing in accordance
602	602	with K.S.A. 22-3302, and amendments thereto, to determine the person's
603	603	present mental condition. Such court shall give reasonable notice of such
604	604	hearings to the prosecuting attorney, the defendant and the defendant's
605	605	attorney of record, if any. The prosecuting attorney shall provide victim
606	606	notification. If the court, following such hearing, finds the defendant to be
607	607	competent, the proceedings pending against the defendant shall be
608	608	resumed.
609	609	(5) A defendant committed to a public institution or facility under the
610	610	provisions of this section who is thereafter sentenced for the crime charged
611	611	at the time of commitment shall be credited with all of the time during
612	612	which the defendant was committed and confined in such public institution
613	613	or facility.
614	614	(d) (1) If the defendant is ordered or met criteria to receive an
615	615	evaluation and treatment on an outpatient basis and the chief medical
616	616	officer of the appropriate state, county or private institution or facility
617	617	determines that the defendant's mental health condition or behaviors
618	618	warrant terminating outpatient treatment services and commencing
619	619	evaluation and treatment on an inpatient basis, the chief medical officer of
620	620	the institution or the head of the facility shall provide a report to the court
621	621	within 10 days after outpatient treatment services are terminated. Such
622	622	report shall certify the date that outpatient treatment was terminated and
623	623	the reason inpatient evaluation and treatment services are recommended. A
624	624	copy of such report shall be provided to the chief medical officer of the
625	625	state security hospital. Upon receipt of such report, the court shall issue
626	626	any orders or warrants required to facilitate the sheriff of the county where
627	627	the charges are filed to take the defendant into custody and transport such
628	628	defendant to the state security hospital or its agent or a state hospital or its
629	629	agent for admission for inpatient services. The chief medical officer shall
630	630	submit a report pursuant to subsection (e) as to whether the defendant has
631	631	attained competency within 90 days of the defendant's admission to such
632	632	hospital for inpatient evaluation and treatment.
633	633	(2) The court, prosecuting attorney where criminal charges are
634	634	pending, the defense counsel for a defendant charged with a felony offense
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678	678	who is receiving outpatient evaluation and treatment services and the chief
679	679	medical officer of any institution or the head of any facility where the
680	680	defendant is receiving outpatient services shall provide requested
681	681	documentation to the state security hospital or its agent or the state
682	682	hospital or its agent for the purpose of managing inpatient admission.
683	683	(e) (1) If the defendant is charged with a felony offense, the court
684	684	may order a defendant to receive inpatient evaluation and treatment at an
685	685	appropriate state, county or private institution or facility after considering
686	686	the defendant's mental condition, behaviors and the availability of
687	687	outpatient evaluation and treatment options. The chief medical officer of
688	688	the institution or the head of the facility shall certify to the court, within 90
689	689	days after the commencement of inpatient treatment, whether the
690	690	defendant has a substantial probability of attaining competency to stand
691	691	trial in the foreseeable future.
692	692	(2) If such probability does exist, the court shall order the defendant
693	693	to remain in jail or at a secure location, on pretrial release pursuant to
694	694	K.S.A. 22-2802, and amendments thereto, or at an appropriate setting until
695	695	the defendant attains competency to stand trial or for a period of six
696	696	months from the date of the commencement of inpatient treatment,
697	697	whichever occurs first. If such probability does not exist, the court shall
698	698	order the prosecuting attorney where the charges are filed or the secretary
699	699	for aging and disability services to commence involuntary commitment
700	700	proceedings pursuant to article 29 of chapter 59 of the Kansas Statutes
701	701	Annotated, and amendments thereto, within 21 days of receipt of the
702	702	certification from the chief medical officer of the institution or the head of
703	703	the facility unless exceptional circumstances warrant delay. When a
704	704	defendant is charged with any off-grid felony, any nondrug severity level 1
705	705	through 3 felony or a violation of K.S.A. 21-3504, 21-3511, 21-3518, 21-
706	706	3603 or 21-3719, prior to their repeal, or K.S.A. 21-5505(b), 21-5506(b),
707	707	21-5508(b), 21-5604(b) or 21-5812(b), and amendments thereto, and
708	708	commitment proceedings have commenced, for such proceeding,
709	709	"mentally ill person subject to involuntary commitment for care and
710	710	treatment" means a mentally ill person, as defined in K.S.A. 59-2946(e),
711	711	and amendments thereto, who is likely to cause harm to self or others, as
712	712	defined in K.S.A. 59-2946(f)(3), and amendments thereto. The other
713	713	provisions of K.S.A. 59-2946(f), and amendments thereto, shall not apply.
714	714	(3) If a defendant who was found to have had a substantial
715	715	probability of attaining competency to stand trial, as provided in paragraph
716	716	(2), has not attained competency to stand trial within six months from the
717	717	date of the original commitment, the court shall order the prosecuting
718	718	attorney where the charges are filed or the secretary for aging and
719	719	disability services to commence involuntary commitment proceedings
720	720	pursuant to article 29 of chapter 59 of the Kansas Statutes Annotated, and
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764	764	amendments thereto, within 21 days of receipt of the certification from the
765	765	chief medical officer of the institution or the head of the facility unless
766	766	exceptional circumstances warrant delay. When a defendant is charged
767	767	with any off-grid felony, any nondrug severity level 1 through 3 felony or
768	768	a violation of K.S.A. 21-3504, 21-3511, 21-3518, 21-3603 or 21-3719,
769	769	prior to their repeal, or K.S.A. 21-5505(b), 21-5506(b), 21-5508(b), 21-
770	770	5604(b) or 21-5812(b), and amendments thereto, and commitment
771	771	proceedings have commenced, for such proceeding, "mentally ill person
772	772	subject to involuntary commitment for care and treatment" means a
773	773	mentally ill person, as defined in K.S.A. 59-2946(e), and amendments
774	774	thereto, who is likely to cause harm to self or others, as defined in K.S.A.
775	775	59-2946(f)(3), and amendments thereto. The other provisions of K.S.A.
776	776	59-2946(f), and amendments thereto, shall not apply.
777	777	(4) When reasonable grounds exist to believe that a defendant who
778	778	has been adjudged incompetent to stand trial is competent, the court in
779	779	which the criminal case is pending shall conduct a hearing in accordance
780	780	with K.S.A. 22-3302, and amendments thereto, to determine the person's
781	781	present mental condition. Such court shall give reasonable notice of such
782	782	hearings to the prosecuting attorney, the defendant and the defendant's
783	783	attorney of record, if any. The prosecuting attorney shall provide victim
784	784	notification. If the court, following such hearing, finds the defendant to be
785	785	competent, the proceedings pending against the defendant shall be
786	786	resumed.
787	787	(5) A defendant committed to a public institution or facility under the
788	788	provisions of this section who is thereafter sentenced for the crime charged
789	789	at the time of commitment shall be credited with all of the time during
790	790	which the defendant was committed and confined in such public institution
791	791	or facility.
792	792	(f) (1) Notwithstanding the provisions of K.S.A. 59-29a22, and
793	793	amendments thereto, psychotropic medications may be prescribed for any
794	794	defendant who is ordered or has met the criteria to receive evaluation and
795	795	treatment on an inpatient or outpatient basis at an appropriate state, county
796	796	or private institution or facility.
797	797	(2) Psychotropic medications shall be prescribed, ordered and
798	798	administered in conformity with accepted clinical practice. Psychotropic
799	799	medication shall be administered only upon the written order of a
800	800	physician or upon a verbal order noted in the defendant's medical records
801	801	and subsequently signed by the physician. The attending physician shall
802	802	regularly review the drug regimen of each defendant under such
803	803	physician's care and shall monitor any symptoms of harmful side effects.
804	804	(3) Whenever any defendant is receiving psychotropic medications
805	805	that alter the defendant's mental state in such a way as to adversely affect
806	806	the defendant's judgment or hamper the defendant in preparing for or
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850	850	participating in any hearing provided for by this section, for two days prior
851	851	to and during any such hearing, the treatment institution or facility shall
852	852	not administer such medication or treatment unless such medication or
853	853	treatment is necessary to sustain the defendant's life or to protect the
854	854	defendant or others. Prior to the hearing, a report of all psychotropic
855	855	medications or other treatment that has been administered to the defendant
856	856	and a copy of any written consent signed by the defendant shall be
857	857	submitted to the court. Counsel for the defendant may preliminarily
858	858	examine the attending physician regarding the administration of any
859	859	medication to the defendant within two days of the hearing and the effect
860	860	that medication may have had on the defendant's judgment or ability to
861	861	prepare for or participate in the hearing. If the court determines that
862	862	medication or other treatment has been administered that adversely affects
863	863	the defendant's judgment or ability to prepare for or participate in the
864	864	hearing, the court may grant the defendant a reasonable continuance to
865	865	allow for the defendant to be better able to prepare for or participate in the
866	866	hearing. The court shall order that such medication or other treatment be
867	867	discontinued until the conclusion of the hearing unless the court finds that
868	868	such medication or other treatment is necessary to sustain the defendant's
869	869	life or to protect the defendant or others. If the court makes such a finding,
870	870	the court shall order the hearing to proceed.
871	871	(4) If a defendant who is charged with a felony is receiving treatment
872	872	pursuant to this section and is not deemed a present danger to self or others
873	873	objects to taking any medication prescribed for the purpose of restoring the
874	874	defendant to competency, the defendant's objection shall be recorded in the
875	875	defendant's medical record and written notice of such objection shall be
876	876	forwarded to the medical director of the treatment institution or facility or
877	877	the director's designee and to the court where the criminal charges are
878	878	pending. The medication may be administered over the defendant's
879	879	objection only if the court finds that:
880	880	(A) The medication is substantially unlikely to have side effects that
881	881	may undermine the fairness of the trial;
882	882	(B) the medication is medically appropriate;
883	883	(C) less intrusive alternatives have been considered;
884	884	(D) the medication is necessary to advance significantly important
885	885	governmental trial interests; and
886	886	(E) the administrative head or law enforcement official in charge of
887	887	the jail has agreed to having the medication administered over the
888	888	defendant's objection in the jail.
889	889	(5) No experimental medication shall be administered without the
890	890	consent of the defendant or such defendant's legal guardian.
891	891	Sec. 3. K.S.A. 22-3302 and 22-3303 are hereby repealed.
892	892	Sec. 4. This act shall take effect and be in force from and after its
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936	936	publication in the statute book.1