KS SB374

Defendants found incompetent to stand trial must receive evaluation and treatment on an outpatient or inpatient basis, with the chief medical officer certifying within 90 days whether competency can be restored; if not restored within six months, involuntary commitment proceedings must begin within 21 days.

For defendants charged with off-grid felonies, nondrug severity level 1-3 felonies, or certain serious offenses (including aggravated sexual battery, aggravated indecent liberties, and aggravated burglary), "mentally ill person subject to involuntary commitment" requires only a finding of likely harm to self or others, creating a lower threshold for commitment.

Courts must hold hearings to determine if involuntary medication can be administered over a defendant's objection, with prosecutors required to prove by clear and convincing evidence that medication is likely to restore competency, is medically appropriate, and advances important governmental interests.

When defendants have not been committed or have been released but still cannot regain competency, courts must evaluate whether further treatment is warranted based on offense severity, with mandatory hearings required for the most serious felonies before dismissing charges.

Prosecuting attorneys for pending criminal cases gain standing to appear at involuntary commitment proceedings, and criminal defendants charged with specified serious offenses face a presumption they are likely to cause harm to self or others during commitment determinations.