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KS SB243
Bill
Status
2/6/2025
Primary Sponsor
Judiciary
Click for details
AI Summary
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Defendants charged with misdemeanors must receive competency evaluations and treatment on an outpatient basis, with inpatient services only permitted if the jail lacks resources or the court holds a hearing and makes specific findings justifying inpatient care
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Courts ordering inpatient competency evaluations for felony defendants must issue orders stating: why outpatient services cannot be conducted, potential sentence length, anticipated evaluation time, whether serious felony charges apply, and conditions requiring bond revocation
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Competency hearings for felony defendants must be conducted by a district judge, and inpatient examination commitments are limited to 60 days from admission or until completion
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Treatment facilities must certify within 90 days whether a defendant has substantial probability of attaining competency; if probability exists, defendants may remain for up to 6 months of treatment before involuntary commitment proceedings must begin
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Statements made by defendants during competency examinations cannot be admitted as evidence against them in criminal proceedings, and psychotropic medications may only be administered over a felony defendant's objection if the court finds specific criteria are met
Legislative Description
Requiring outpatient competency evaluations in certain circumstances and requiring the court to make specific findings for inpatient competency evaluations.
Last Action
Senate Referred to Committee on Judiciary
2/7/2025