SB 374 — Permitting a municipal judge to initiate a psychiatric or psychological examination to determine competence, setting forth relevant procedures and requiring further consideration of evaluation and treatment during the course of competency proceedings for defendants charged with the most serious offenses.

(e) "Bail" is the security given for the purpose of insuring compliance with the terms of an appearance bond.

(f) "City attorney" means any attorney who represents the city in the prosecution of an accused person for the violation of a city ordinance.

(g) "Complaint" means a sworn written statement, or a written statement by a law enforcement officer, of the essential facts constituting a violation of an ordinance.

(h) "Custody" means the restraint of a person pursuant to an arrest.

(i) "Detention" means the temporary restraint of a person by a law enforcement officer.

(j) "Law enforcement officer" means any person who by virtue of office or public employment is vested by law with a duty to maintain public order and to make arrests for violation of the laws of the state of Kansas or ordinances of any municipality thereof.

(k) "Notice to appear" is a written notice to a person accused by a complaint of having violated an ordinance of a city to appear at a stated time and place to answer to the charge of the complaint.

(l) "Subpoena" is a process issued by the court to cause a witness to appear and give testimony at a time and place therein specified.

(m) "Ordinance traffic infraction" is a violation of an ordinance that proscribes or requires the same behavior as that proscribed or required by a statutory provision that is classified as a traffic infraction in K.S.A.

8-2118, and amendments thereto.

(n) "Warrant" is a written order made by a municipal judge directed to any law enforcement officer commanding the officer to arrest the person named or described in it.

(o) "Ordinance cigarette or tobacco infraction" is a violation of an ordinance that proscribes the same behavior as proscribed by subsection (m) or (n) of K.S.A.

79-3321(m) or (n), and amendments thereto.

(p) A person is "incompetent to stand trial" when such person is charged with a crime and, because of mental illness or defect, is unable to:

SENATE BILL No.

374—page 3 (1) Understand the nature and purpose of the proceedings against such person;

or (2) make or assist in making such person's defense.

(q) "Treatment provider" means any mental health center or clinic, psychiatric unit of a medical care facility, psychologist, physician or other institution or person authorized or licensed by law to provide either inpatient or outpatient treatment to any patient.

Sec.

3. On and after July 1, 2026, K.S.A.

22-3302 is hereby amended to read as follows:

22-3302.

(a) At any time after the defendant has been charged with a crime and before pronouncement of sentence, the defendant, the defendant's counsel or the prosecuting attorney may request a determination of the defendant's competency to stand trial.

If, upon the request of either party or upon the judge's own knowledge and observation, the judge before whom the case is pending finds that there is reason to believe that the defendant is incompetent to stand trial, the proceedings shall be suspended and a hearing conducted to determine the competency of the defendant.

(b) If the defendant is charged with a felony, the hearing to determine the competency of the defendant shall be conducted by a district judge.

(c) (1) The court shall determine the issue of competency and may impanel a jury of six persons to assist in making the determination.

The court may order a psychiatric or psychological examination of the defendant.

To facilitate the examination, the court may:

(A) Order that an evaluation be completed by an appropriate state, county or private institution or facility to be conducted in person or by use of available electronic means while the defendant is in jail, at any secure location or on pretrial release;

(B) designate an appropriate state, county or private institution or facility to conduct the examination while the defendant is in jail, at any secure location or on pretrial release;

or (C) appoint a licensed physician who is qualified through training or experience or a licensed psychologist to examine the defendant and report to the court;

or (D) rely on the psychiatric or psychological examination ordered by a municipal court.

(2) If the court orders the defendant committed to an institution or facility for the examination, the commitment shall be for a period not to exceed 60 days from the date of admission or until the examination is completed, whichever is the shorter period of time.

No statement made by the defendant in the course of any examination provided for by this section, whether or not the defendant consents to the examination, shall be admitted in evidence against the defendant in any criminal proceeding.

(3) Before the expiration of the 60-day evaluation period, the professional approved by the court to examine the defendant or, if the defendant is committed for inpatient examination, the chief medical officer or head of the appropriate institution or facility shall certify to the court whether the defendant is competent to stand trial.

(4) Upon notification of the court that a defendant committed for psychiatric or psychological examination under this subsection has been found competent to stand trial, the court shall order that the defendant be returned no later than seven days after receipt of the notice for proceedings under this section.

If the defendant is not returned within that time, the county where the proceedings will be held shall pay the costs of maintaining the defendant at the institution or facility for the period of time the defendant remains at the institution or facility in excess of the seven-day period.

(d) If the defendant is found to be competent, the proceedings that SENATE BILL No.

374—page 4 have been suspended shall be resumed.

If the proceedings were suspended before or during the preliminary examination, the judge who conducted the competency hearing may conduct a preliminary examination or, if a district magistrate judge was conducting the proceedings prior to the competency hearing, the judge who conducted the competency hearing may order the preliminary examination to be heard by a district magistrate judge.

(e) If the defendant is found to be incompetent to stand trial, the court shall proceed in accordance with K.S.A.

22-3303, and amendments thereto.

(f) If proceedings are suspended and a hearing to determine the defendant's competency is ordered after the defendant is in jeopardy, the court may either order a recess or declare a mistrial.

(g) The defendant shall be present personally at all proceedings under this section.

Sec.

4. K.S.A.

SB(5) For 374—Am.a defendant charged with a felony offense, a commitment to the state security hospital or its agent or a state hospital or its agent may by conducted on a inpatient basis or, if the defendant meets the screening criteria established by the state security hospital, on an outpatient basis evaluation and treatment:

by HC 2 (5) For a defendant charged with a felony offense, a commitment to the state security hospital or its agent or a state hospital or its agent may by shall be conducted on a an inpatient basis or, if the defendant meets the screening criteria established by the state security hospital, on an outpatient basis by an appropriate state, county or private institution or facility evaluation and treatment:

The court shall set a hearing within 21 days after certificationSENATE unlessBILL exceptionalNo. circumstances warrant delay, for the purpose of determining competency.

374—page 5 certification unless exceptional circumstances warrant delay, for the purpose of determining competency.

When a defendant is charged with any off-off-grid grid felony, any nondrug severity level 1 through 3 felony, or a violation of K.S.A.

21-5505(b), 21-5506(b), 21-5508(b), 21-5604(b) or 21- SB5812(b), 374—Am.and amendments thereto, or an attempt, conspiracy or criminal solicitation of an offense described in this paragraph, and commitment proceedings have commenced, for such proceeding, "mentally ill person subject to involuntary commitment for care and treatment" means a mentally ill person, as defined in K.S.A.

by59- HC2946(e), 3 5812(b), and amendments thereto, orwho anis attempt,likely conspiracyto orcause criminalharm solicitation of an offense described in this paragraph, and commitment proceedings have commenced, for such proceeding, "mentally ill person subject to involuntaryself commitmentor forothers, care and treatment" means a mentally ill person, as defined in K.S.A.

59-2946(e), and amendments thereto, who is likely to cause harm to self or others, as defined in K.S.A.

21-3504, 21-3511, 21-3518,21- 3518, 21-3603 or 21-3719, prior to their repeal, K.S.A.

21-5505(b), 21-5506(b),21- 5506(b), 21-5508(b), 21-21-5604(b) 5604(b) or 21-5812(b), and amendments thereto, and commitment proceedings have commenced, for such proceeding, "mentally ill person subject to involuntary commitment for care and treatment" means a mentally ill person, as defined in K.S.A.

If the court, following such hearing, finds the defendant to be competent, the proceedingsSENATE pendingBILL againstNo. the defendant shall be resumed.

374—page 6 proceedings pending against the defendant shall be resumed.

SB(c) 374—Am.(1) Except as provided in subsection (d), if a defendant is ordered or met criteria to receive an evaluation and treatment on an outpatient basis conducted by the state security hospital or its agent or a state hospital or its agent, the chief medical officer shall certify to the court, within 90 days after commencement of treatment, whether the defendant has a substantial probability of attaining competency to stand trial in the foreseeable future.

by HC 4 (c) (1) Except as provided in subsection (d), if a defendant is ordered or met criteria to receive an evaluation and treatment on an outpatient basis conducted by the state security hospital or its agent or a state hospital or its agent, the chief medical officer shall certify to the court, within 90 days after commencement of treatment, whether the defendant has a substantial probability of attaining competency to stand trial in the foreseeable future.

21-21-3504, 3504, 21-3511, 21-3518,21- 3518, 21-3603 or 21-3719, prior to their repeal, or K.S.A.

59-2946(f)(3),59-2946(f) (3), and amendments thereto.

59-2946(f),59- 2946(f), and amendments thereto, shall not apply.

When a defendant is charged SBwith 374—Am.any off-grid felony, any nondrug severity level 1 through 3 felony or a violation of K.S.A.

by21-3504, HC21-3511, 521- with3518, any21-3603 off-gridor felony,21-3719, anyprior nondrugto severitytheir levelrepeal, 1 through 3 felony or a violation of K.S.A.

21-3504,21-5505(b), 21-3511,21-5506(b), 21-3518,21-5508(b), 21-360321-5604(b) or 21-3719,21-5812(b), priorand amendments thereto, and commitment proceedings have commenced, for such proceeding, "mentally ill person subject to theirinvoluntary repeal,commitment orfor care and treatment" means a mentally ill person, as defined in K.S.A.

21-5505(b), 21-5506(b), 21-5508(b), 21- 5604(b) or 21-5812(b), and amendments thereto, and commitment proceedings have commenced, for such proceeding, "mentally ill person subject to involuntary commitment for care and treatment" means a mentally ill person, as defined in K.S.A.

59-2946(f)(3), and amendments thereto.SENATE BILL No.

374—page 7 thereto.

The chief medical officer shall submit a report pursuant to subsection (e) as to whether the defendant has attained competency within 90 days of the defendant's admission to such SBhospital 374—Am.for inpatient evaluation and treatment.

by HC 6 hospital for inpatient evaluation and treatment.

22-2802, and amendments thereto, or at an appropriate setting until the defendant attains competency to stand trial or for a period of six months from the date of the commencement of inpatientSENATE treatment,BILL whicheverNo. occurs first.

374—page 8 inpatient treatment, whichever occurs first.

21-21-3504, 3504, 21-3511, 21-3518,21- 3518, 21-3603 or 21-3719, prior to their repeal, or K.S.A.

59-2946(f)(3),59-2946(f) (3), and amendments thereto.

59-2946(f),59- 2946(f), and amendments thereto, shall not apply.

SB(3) If 374—Am.a defendant who was found to have had a substantial probability of attaining competency to stand trial, as provided in paragraph (2), has not attained competency to stand trial within six months from the date of the original commitment, the court shall order the prosecuting attorney where the charges are filed or the secretary for aging and disability services to commence involuntary commitment proceedings pursuant to article 29 of chapter 59 of the Kansas Statutes Annotated, and amendments thereto, within 21 days of receipt of the certification from the chief medical officer of the institution or the head of the facility unless exceptional circumstances warrant delay.

by HC 7 (3) If a defendant who was found to have had a substantial probability of attaining competency to stand trial, as provided in paragraph (2), has not attained competency to stand trial within six months from the date of the original commitment, the court shall order the prosecuting attorney where the charges are filed or the secretary for aging and disability services to commence involuntary commitment proceedings pursuant to article 29 of chapter 59 of the Kansas Statutes Annotated, and amendments thereto, within 21 days of receipt of the certification from the chief medical officer of the institution or the head of the facility unless exceptional circumstances warrant delay.

21-3504, 21-3511, 21-3518,21- 3518, 21-3603 or 21-3719, prior to their repeal, or K.S.A.

21-5505(b), 21-5506(b), 21-5508(b), 21-21-5604(b) 5604(b) or 21-5812(b), and amendments thereto, and commitment proceedings have commenced, for such proceeding, "mentally ill person subject to involuntary commitment for care and treatment" means a mentally ill person, as defined in K.S.A.

59-29a22, and amendmentsSENATE thereto,BILL psychotropicNo. medications may be prescribed for any defendant who is ordered or has met the criteria to receive evaluation and treatment on an inpatient or outpatient basis at an appropriate state, county or private institution or facility.

374—page 9 amendments thereto, psychotropic medications may be prescribed for any defendant who is ordered or has met the criteria to receive evaluation and treatment on an inpatient or outpatient basis at an appropriate state, county or private institution or facility.

Psychotropic medication shall be administered only upon the written order of a SBphysician 374—Am.or upon a verbal order noted in the defendant's medical records and subsequently signed by the physician.

by HC 8 physician or upon a verbal order noted in the defendant's medical records and subsequently signed by the physician.

At such hearing, the prosecuting attorney has the burden to establish by clear and convincing SBevidence 374—Am.that:

by(A)(i) The HCmedication 9is evidencesubstantially that:likely to render the defendant competent to stand trial;

(A) (i) The medication is substantially likely to render the defendant competent to stand trial;

(D)(v) theSENATE medicationBILL isNo. necessary to advance significantly important governmental trial interests;

374—page 10 (D)(v) the medication is necessary to advance significantly important governmental trial interests;

The court shall permit the prosecuting attorney and the defendant to present evidence and witnesses relevant to the matter appear at such proceedings, call or inquire of any witness with information relevant to the hearing and offer argument to the court.

SB(A) A 374—Am.report on the reason for admission or case filing;

by HC 10 (A) A report on the reason for admission or case filing;

2. K.S.A.5. K.S.A.

The defendant's attorney in the pending criminal proceeding shall also have standing to appear atSENATE suchBILL proceedings,No. call or inquire of any witness with information relevant to the hearing and offer argument to the court.

374—page 11 at such proceedings, call or inquire of any witness with information relevant to the hearing and offer argument to the court.

22-3303, and amendments thereto, until the court has determined that additional evaluation and treatment is no longer warranted pursuant to subsection (e) (d).

22-3303, and amendments thereto, and the head of the treatment institution or facility shall promptly notify the court and the prosecuting attorney of the county where the criminal proceedings are pending for the purpose of providing SBvictim 374—Am.notification, that the defendant is to be discharged from the involuntary commitment.

by HC 11 victim notification, that the defendant is to be discharged from the involuntary commitment.

(d) To(d) determine(1) Whenever whetherinvoluntary acommitment defendantproceedings ishave likelybeen tocommenced cause harm to self or others as definedrequired inby K.S.A.

59-2946, and amendments thereto, during the course of an involuntary commitment proceeding commenced pursuant to K.S.A.

22-3303, and amendments thereto, the court shall conduct a hearing in accordance with K.S.A.

59-2965(d), and amendments thereto, and consider the totality of the circumstances, including, but not limited to, prior convictions or adjudications and pending crimes allegedly committed by the defendant.

(e) (1) Whenever involuntary commitment proceedings have been commenced as required by K.S.A.

(B) Except as provided in paragraph (1)(C), if the defendant is charged with a person felony, the court shall provide notice to the partiesSENATE SBBILL 374—Am.No.

by374—page HC 12 parties of the pending criminal proceedings that, unless the prosecuting attorney objects in writing within 14 days of receipt of such notice, the criminal proceedings shall be dismissed without prejudice.

21-3504,21- 3504, 21-3511 or 21-3719, prior to their repeal, or K.S.A.

21-5506(b), 21-5508(b), or 21-21-5812(b), 5812(b), and amendments thereto, or an attempt, conspiracy or criminal solicitation of an offense described in this subparagraph, the court shall set the matter for hearing to determine whether to enter an order of further commitment for additional evaluation and treatment pursuant to paragraph (2).

(2) At a hearing held pursuant to this subsection, the prosecuting attorney has the burden to establish, by a preponderance of the clear and convincing evidence, that there is a compelling state interest in ordering further evaluation and treatment for the defendant.

and SB(C) any 374—Am.evidence of whether further treatment is likely to be successful in restoring competency or reducing the risk of offender recidivism.

by HC 13 (C) any evidence of whether further treatment is likely to be successful in restoring competency or reducing the risk of offender recidivism.

22-3305 22-3303, and amendments thereto.

3. K.S.A.6. K.S.A.

2025 Supp.

59-2946 is hereby amended to read as follows:

59-2946.

When used in the care and treatment act for mentally ill persons:

(a) "Discharge" means the final and complete release from treatment, by either the head of a treatment facility acting pursuant to K.S.A.

59- 2950, and amendments thereto, or by an order of a court issued pursuant to K.S.A.

59-2973, and amendments thereto.

(b) "Head of a treatment facility" means the administrative director of a treatment facility or such person's designee.

(c) "Law enforcement officer" means the same as defined in K.S.A.

22-2202, and amendments thereto.

(d) (1) "Mental health center" means any community mental health center as defined in K.S.A.

39-2002, and amendments thereto, or a mental health clinic organized as a not-for-profit or a for-profit corporation pursuant to K.S.A.

17-1701 through 17-1775, and amendments thereto, or K.S.A.

17-6001 through 17-6010, and amendments thereto, and licensed in accordance with the provisions of K.S.A.

39-2001 et seq., and amendments thereto.

(2) "Participating mental health center" means a mental health center that has entered into a contract with the secretary for aging and disability services pursuant to the provisions of K.S.A.

39-1601 through 39-1612, and amendments thereto.

(e) "Mentally ill person" means any person who is suffering from a mental disorder that is manifested by a clinically significant behavioral or psychological syndrome or pattern and associated with either a painful symptom or an impairment in one or more important areas of functioning, and involving substantial behavioral, psychological or biological dysfunction, to the extent that the person is in need of treatment.

(f) (1) "Mentally ill person subject to involuntary commitment for care and treatment" means a mentally ill person, as defined in subsection (e), who also lacks capacity to make an informed decision concerning treatment, is likely to cause harm to self or others, and whose diagnosis is not solely one of the following mental disorders:

Alcohol or chemical SB 374—Am.

by HC 14 substance abuse;

antisocial personality disorder;

intellectual disability;

organic personality syndrome;

or an organic mental disorder.

(2) "Lacks capacity to make an informed decision concerning treatment" means that the person, by reason of the person's mental disorder, is unable, despite conscientious efforts at explanation, to understand basically the nature and effects of hospitalization or treatment or is unable to engage in a rational decision-making process regarding hospitalization or treatment, as evidenced by an inability to weigh the possible risks and benefits.

(3) (A) "Likely to cause harm to self or others" means that the person, by reason of the person's mental disorder:

(A)(i) Is likely, in the reasonably foreseeable future, to cause substantial physical injury or physical abuse to self or others or substantial damage to another's property, as evidenced by behavior threatening, attempting or causing such injury, abuse or damage;

except that if the harm threatened, attempted or caused is only harm to the property of another, the harm must be of such a value and extent that the state's interest in protecting the property from such harm outweighs the person's interest in personal liberty;

or (B)(ii) is substantially unable, except for reason of indigency, to provide for any of the person's basic needs, such as food, clothing, shelter, health or safety, causing a substantial deterioration of the person's ability to function on the person's own.

(B) No person who is being treated by prayer in the practice of the religion of any church that teaches reliance on spiritual means alone through prayer for healing shall be determined to be a mentally ill person subject to involuntary commitment for care and treatment under this act unless substantial evidence is produced upon which the district court finds that the proposed patient is likely in the reasonably foreseeable future to cause substantial physical injury or physical abuse to self or others or substantial damage to another's another person's property, as evidenced by behavior threatening, attempting or causing such injury, abuse or damage;

except that if the harm threatened, attempted or caused is only harm to the property of another, the harm must be of such a value and extent that the state's interest in protecting the property from such harm outweighs the person's interest in personal liberty.

(C) A defendant subject to involuntary commitment proceedings commenced pursuant to K.S.A.

22-3303, and amendments thereto, who is charged with an off-grid felony, a nondrug severity level 1 through 3 felony or a violation of K.S.A.

21-3504, 21-3511 or 21-3719, prior to their repeal, or K.S.A.

21-5506(b), 21-5508(b) or 21-5812(b), and amendments thereto, or an attempt, conspiracy or criminal solicitation of an offense described in this subparagraph shall be deemed "likely to cause harm to SB 374—Am.

by HC 15 self or others." (g) "Patient" means a person who is a voluntary patient, a proposed patient or an involuntary patient.

(1) "Voluntary patient" means a person who is receiving treatment at a treatment facility pursuant to K.S.A.

59-2949, and amendments thereto.

(2) "Proposed patient" means a person for whom a petition pursuant to K.S.A.

59-2952 or 59-2957, and amendments thereto, has been filed.

(3) "Involuntary patient" means a person who is receiving treatment under order of a court or a person admitted and detained by a treatment facility pursuant to an application filed pursuant to K.S.A.

59-2954(b) or (c), and amendments thereto.

(h) "Physician" means a person licensed to practice medicine and surgery as provided for in the Kansas healing arts act or a person who is employed by a state psychiatric hospital or by an agency of the United States and who is authorized by law to practice medicine and surgery within that hospital or agency.

(i) "Psychologist" means a licensed psychologist, as defined by K.S.A.

74-5302, and amendments thereto.

(j) "Qualified mental health professional" means a physician or psychologist who is employed by a participating mental health center or who is providing services as a physician or psychologist under a contract with a participating mental health center, a licensed master's level psychologist, a licensed clinical psychotherapist, a licensed marriage and family therapist, a licensed clinical marriage and family therapist, a licensed professional counselor, a licensed clinical professional counselor, a licensed specialist social worker or a licensed master social worker or a registered nurse who has a specialty in psychiatric nursing, who is employed by a participating mental health center and who is acting under the direction of a physician or psychologist who is employed by, or under contract with, a participating mental health center.

(1) "Direction" means monitoring and oversight including regular, periodic evaluation of services.

(2) "Licensed master social worker" means a person licensed as a master social worker by the behavioral sciences regulatory board under K.S.A.

65-6301 through 65-6318, and amendments thereto.

(3) "Licensed specialist social worker" means a person licensed in a social work practice specialty by the behavioral sciences regulatory board under K.S.A.

65-6301 through 65-6318, and amendments thereto.

(4) "Licensed master's level psychologist" means a person licensed as a licensed master's level psychologist by the behavioral sciences regulatory board under K.S.A.

74-5361 through 74-5373, and amendments thereto.

(5) "Registered nurse" means a person licensed as a registered professional nurse by the board of nursing under K.S.A.

65-1113 through SB 374—Am.

by HC 16 65-1164, and amendments thereto.

(k) "Secretary" means the secretary for aging and disability services.

(l) "State psychiatric hospital" means Larned state hospital, Osawatomie state hospital or south central regional mental health hospital.

(m) "Treatment" means any service intended to promote the mental health of the patient and rendered by a qualified professional, licensed or certified by the state to provide such service as an independent practitioner or under the supervision of such practitioner.

(n) "Treatment facility" means any mental health center or clinic, psychiatric unit of a medical care facility, state psychiatric hospital, psychologist, physician or other institution or person authorized or licensed by law to provide either inpatient or outpatient treatment to any patient.

(o) The terms defined in K.S.A.

59-30,102, and amendments thereto, shall have the meanings provided by that section.

Sec.

3. K.S.A.

(a) Nothing in this act shall be construed to apply to any person alleged or thought to be a mentally ill person subject to involuntary commitment for care and treatment under this act who is in custody on a criminal charge, except with the consent of either the prosecuting attorneySENATE orBILL trialNo. court.

374—page 13 attorney or trial court.

21-3504,21- 3504, 21-3511 or 21-3719, prior to their repeal, or K.S.A.

21-5506(b), 21-5508(b) or 21-21-5812(b), 5812(b), and amendments thereto, or an attempt, conspiracy or criminal solicitation of an offense described in this paragraph, there shall be a presumption that such criminal defendant is likely to cause harm to self or others whenever the court is required to determine whether a criminal defendant is a mentally ill person subject to involuntary commitment for care and treatment under this act.

SB 374—Am.

by HC 17 Sec.

4. K.S.A.

22-3303 and, 22-3305 and K.S.A.

2025 Supp.

59-2946 59-2983 are hereby repealed.

5. This7. K.S.A. act shall take effect and be in force from and after its publication in the Kansas register.

22-3303, 22-3305 and 59-2983 are hereby repealed.

Sec.

8. On and after July 1, 2026, K.S.A.

12-4113 and 22-3302 are hereby repealed.

SENATE BILL No.

374—page 14 Sec.

9. This act shall take effect and be in force from and after its publication in the Kansas register.

I hereby certify that the abovILLoriginated in the SENATE, and passed that body __________________________ SENATE adopted Conference Committee Report ________________ _________________________ President of the Senate.

_________________________ Secretary of the Senate.

Passed the HOUSE as amended _________________________ H OUSEadopted Conference Committee Report ________________ _________________________ Speaker of the House.

_________________________ Chief Clerk of the House.

A PPROVED_____________________________ _________________________ Governor.