An Act enacting the care and treatment act for mentally ill persons; prescribing certain prohibited acts and providing penalties therefor; amending K.S.A. 22-3305, 22-3428, 22- 4503, 28-170, 38-1505, 38-1614, 39-1602, 39-1610, 59-214, 59-2212, 59-3002, 59-3010, 59-3013, 59-3018a, 65-5603 and 76-12a10 and K.S.A. 1995 Supp. 12-1,109, 38-1513, 59-212, 65-5601, 75-5209 and 77-201 and repealing the existing sections; also repealing K.S.A. 59-2901, 59-2902, 59-2903, 59-2905, 59-2906, 59-2907, 59-2908, 59-2909, 59- 2910, 59-2911, 59-2912, 59-2913, 59-2914, 59-2914a, 59-2916, 59-2916a, 59-2917, 59- 2918, 59-2918a, 59-2919, 59-2919a, 59-2920, 59-2922, 59-2924, 59-2925, 59-2926, 59- 2927, 59-2927a, 59-2928, 59-2929, 59-2930, 59-2931, 59-2932, 59-2933, 59-2934, 59-2936, 59-2937, 59-2938, 59-2939, 59-2940, 59-2941, 59-2943 and 59-2944.

Be it enacted by the Legislature of the State of Kansas:

New Section 1. The provisions of sections 1 through 42 and amend- ments thereto shall be known and may be cited as the care and treatment act for mentally ill persons.

New Sec. 2. When used in the care and treatment act for mentally ill persons:

(a) ``Discharge'' means the final and complete release from treat- ment, by either the head of a treatment facility acting pursuant to section 6 and amendments thereto or by an order of a court issued pursuant to section 29 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'' shall have the meaning ascribed to it in K.S.A. 22-2202, and amendments thereto.

(d) (1) ``Mental health center'' means any community mental health center organized pursuant to the provisions of K.S.A. 19-4001 through 19-4015 and amendments thereto, or mental health clinic organized pur- suant to the provisions of K.S.A. 65-211 through 65-215 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 amend- ments thereto, and licensed in accordance with the provisions of K.S.A. 75-3307b and amendments thereto.

(2) ``Participating mental health center'' means a mental health center which has entered into a contract with the secretary of social and reha- bilitation 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 which 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 dysfunc- tion, 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 substance abuse; antisocial personality disorder; mental retardation; or- ganic personality syndrome; or an organic mental disorder.

(2) ``Lacks capacity to make an informed decision concerning treat- ment'' means that the person, by reason of the person's mental disorder, is unable, despite conscientious efforts at explanation, to understand ba- sically 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) ``Likely to cause harm to self or others'' means that the person, by reason of the person's mental disorder: (a) 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 dam- age; 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 out- weighs the person's interest in personal liberty; or (b) 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.

No person who is being treated by prayer in the practice of the religion of any church which 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 property, as evidenced by behavior threatening, at- tempting 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.

(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 section 5 and amendments thereto.

(2) ``Proposed patient'' means a person for whom a petition pursuant to section 8 or section 13 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 subsection (b) or (c) of section 10 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 psy- chologist 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, or a registered masters level psy- chologist or 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) ``Registered masters level psychologist'' means a person registered as a registered masters level psychologist by the behavioral sciences reg- ulatory board under K.S.A. 74-5361 through 74-5373 and amendments thereto.

(5) ``Registered nurse'' means a person licensed as a registered profes- sional nurse by the board of nursing under K.S.A. 65-1113 through 65- 1164 and amendments thereto.

(k) ``Secretary'' means the secretary of social and rehabilitation serv- ices.

(l) ``State psychiatric hospital'' means Larned state hospital, Osawa- tomie state hospital, Rainbow mental health facility or Topeka state hos- pital.

(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 prac- titioner 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, psy- chologist, 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. 59-3002 and amendments thereto shall have the meanings provided by that section.

New Sec. 3. In computing the date upon or by which any act must be done or hearing held by under provisions of this article, the day on which an act or event occurred and from which a designated period of time is to be calculated shall not be included, but the last day in a des- ignated period of time shall be included unless that day falls on a Saturday, Sunday or legal holiday, in which case the next day which is not a Saturday, Sunday or legal holiday shall be considered to be the last day.

New Sec. 4. (a) The fact that a person may have voluntarily accepted any form of psychiatric treatment, or become subject to a court order entered under authority of this act, shall not be construed to mean that such person shall have lost any civil right they otherwise would have as a resident or citizen, any property right or their legal capacity, except as may be specified within any court order or as otherwise limited by the provisions of this act or the reasonable rules and regulations which the head of a treatment facility may for good cause find necessary to make for the orderly operations of that facility. No person held in custody under the provisions of this act shall be denied the right to apply for a writ of habeas corpus.

(b) There shall be no implication or presumption that a patient within the terms of this act is for that reason alone a disabled person as defined in K.S.A. 59-3002 and amendments thereto.

New Sec. 5. (a) A mentally ill person may be admitted to a treatment facility as a voluntary patient when there are available accommodations and the head of the treatment facility determines such person is in need of treatment therein, and that the person has the capacity to consent to treatment, except that no such person shall be admitted to a state psy- chiatric hospital without a written statement from a qualified mental health professional authorizing such admission.

(b) Admission shall be made upon written application:

(1) If such person is 18 years of age or older the person may make such application for themself; or

(2) (A) If such person is less than 18 years of age, a parent may make such application for their child; or

(B) if such person is less than 18 years of age, but 14 years of age or older the person may make such written application on their own behalf without the consent or written application of their parent, legal guardian or any other person. Whenever a person who is 14 years of age or older makes written application on their own behalf and is admitted as a vol- untary patient, the head of the treatment facility shall promptly notify the child's parent, legal guardian or other person known to the head of the treatment facility to be interested in the care and welfare of the minor of the admittance of that child; or

(3) if such person has a legal guardian, the legal guardian may make such application only after obtaining authority to do so pursuant to K.S.A. 59-3018a and amendments thereto. If the legal guardian is seeking ad- mission of their ward upon an order giving the guardian continuing au- thority to admit the ward to an appropriate psychiatric treatment facility, the head of the treatment facility may require a statement from the pa- tient's attending physician or from the local health officer of the area in which the patient resides confirming that the patient is in need of psy- chiatric treatment in a treatment facility before accepting the ward for admission, and shall divert any such person to a less restrictive treatment alternative, as may be appropriate.

(c) No person shall be admitted as a voluntary patient under the pro- visions of this act to any treatment facility unless the head of the treatment facility has informed such person or such person's parent, legal guardian, or other person known to the head of the treatment facility to be inter- ested in the care and welfare of a minor, in writing, of the following:

(1) The rules and procedures of the treatment facility relating to the discharge of voluntary patients;

(2) the legal rights of a voluntary patient receiving treatment from a treatment facility as provided for in section 34 and amendments thereto; and

(3) in general terms, the types of treatment which are available or would not be available to a voluntary patient from that treatment facility.

(d) Nothing in this act shall be construed as to prohibit a proposed or involuntary patient with capacity to do so from making an application for admission as a voluntary patient to a treatment facility. Any proposed or involuntary patient desiring to do so shall be afforded an opportunity to consult with their attorney prior to making any such application. If the head of the treatment facility accepts the application and admits the pa- tient as a voluntary patient, then the head of the treatment facility shall notify, in writing, the patient's attorney, the patient's legal guardian, if the patient has a legal guardian, and the district court which has jurisdiction over the patient of the patient's voluntary status. When a notice of vol- untary admission is received, the court shall file the same which shall terminate the proceedings.

New Sec. 6. The head of a treatment facility shall discharge any vol- untary patient whose treatment in the facility is determined by the head of the treatment facility to have reached maximum benefit. Prior to the discharge, the head of the treatment facility shall give written notice of the date and time of the discharge to the patient and, if appropriate, to the patient's parent, legal guardian or other person known to the head of the treatment facility to be interested in the care and welfare of a minor patient.

New Sec. 7. (a) A voluntary patient shall be entitled to be discharged from a treatment facility, by the head of the treatment facility, by no later than the third day, excluding Saturdays, Sundays and holidays, after re- ceipt of the patient's written request for discharge. If the voluntary patient is a patient in a state psychiatric hospital, that hospital shall immediately give either oral or facsimile notice to the participating mental health cen- ter serving the area where the patient intends to reside and shall consider any recommendations from that mental health center which may be re- ceived prior to the time set for discharge as specified in the notice.

(b) (1) If the voluntary patient is an adult admitted upon the appli- cation of a legal guardian or pursuant to an order of the court issued pursuant to K.S.A. 59-3018a and amendments thereto, any request for discharge must be made, in writing, by the legal guardian.

(2) If the voluntary patient is a minor, the written request for dis- charge shall be made by the child's parent or legal guardian except if the minor was admitted upon their own written application to become a vol- untary patient made pursuant to section 5 and amendments thereto, then the minor may make the request. In the case of a minor 14 or more years of age who had made written application to become a voluntary patient on their own behalf and who has requested to be discharged, the head of the treatment facility shall promptly inform the child's parent, legal guardian, or other person known to the head of the treatment facility to be interested in the care and welfare of the minor of the minor's request for discharge.

New Sec. 8. The head of a treatment facility or other person may file a petition pursuant to section 13 and amendments thereto seeking invol- untary commitment of a voluntary patient who is refusing reasonable treatment efforts or has requested discharge from the treatment facility. A petition filed by the head of a state psychiatric hospital, or such person's designee, accompanied by a statement from a physician or psychologist employed at the hospital that the physician or psychologist believes the person to be a mentally ill person subject to involuntary commitment does not need to be accompanied by a written statement from a qualified mental health professional authorizing admission to a state psychiatric hospital.

New Sec. 9. (a) Any law enforcement officer who has a reasonable belief formed upon investigation that a person is a mentally ill person and because of such person's mental illness is likely to cause harm to self or others if allowed to remain at liberty may take the person into custody without a warrant. The officer shall transport the person to a treatment facility where the person shall be examined by a physician or psychologist on duty at the treatment facility, except that no person shall be trans- ported to a state psychiatric hospital for examination, unless a written statement from a qualified mental health professional authorizing such an evaluation at a state psychiatric hospital has been obtained. If no phy- sician or psychologist is on duty at the time the person is transported to the treatment facility, the person shall be examined within a reasonable time not to exceed 17 hours. If a written statement is made by the phy- sician or psychologist at the treatment facility that after preliminary ex- amination the physician or psychologist believes the person likely to be a mentally ill person subject to involuntary commitment for care and treat- ment and because of the person's mental illness is likely to cause harm to self or others if allowed to remain at liberty, and if the treatment facility is willing to admit the person, the law enforcement officer shall present to the treatment facility the application provided for in subsection (b) of section 10 and amendments thereto. If the physician or psychologist on duty at the treatment facility does not believe the person likely to be a mentally ill person subject to involuntary commitment for care and treat- ment the law enforcement officer shall return the person to the place where the person was taken into custody and release the person at that place or at another place in the same community as requested by the person or if the law enforcement officer believes that it is not in the best interests of the person or the person's family or the general public for the person to be returned to the place the person was taken into custody, then the person shall be released at another place the law enforcement officer believes to be appropriate under the circumstances. The person may request to be released immediately after the examination, in which case the law enforcement officer shall immediately release the person, unless the law enforcement officer believes it is in the best interests of the person or the person's family or the general public that the person be taken elsewhere for release.

(b) If the physician or psychologist on duty at the treatment facility states that, in the physician's or psychologist's opinion, the person is likely to be a mentally ill person subject to involuntary commitment for care and treatment but the treatment facility is unwilling to admit the person, the treatment facility shall provide a suitable facility in which the person may be detained by the law enforcement officer. If a law enforcement officer detains a person pursuant to this subsection, the law enforcement officer shall file the petition provided for in subsection (a) of section 13 and amendments thereto, by the close of business of the first day that the district court is open for the transaction of business or shall release the person. No person shall be detained by a law enforcement officer pur- suant to this subsection in a nonmedical facility used for the detention of persons charged with or convicted of a crime.

New Sec. 10. (a) A treatment facility may admit and detain any per- son for emergency observation and treatment upon an ex parte emer- gency custody order issued by a district court pursuant to section 14 and amendments thereto.

(b) A treatment facility may admit and detain any person presented for emergency observation and treatment upon written application of a law enforcement officer having custody of that person pursuant to section 9 and amendments thereto, except that a state psychiatric hospital shall not admit and detain any such person unless a written statement from a qualified mental health professional authorizing such admission to a state psychiatric hospital has been obtained. The application shall state:

(1) The name and address of the person sought to be admitted, if known;

(2) the name and address of the person's spouse or nearest relative, if known;

(3) the officer's belief that the person is a mentally ill person and because of the person's mental illness is likely to cause harm to self or others if not immediately detained;

(4) the factual circumstances in support of that belief and the factual circumstances under which the person was taken into custody including any known pending criminal charges; and

(5) the fact that the law enforcement officer will file the petition provided for in section 13 and amendments thereto, by the close of busi- ness of the first day thereafter that the district court is open for the transaction of business, or that the officer has been informed by a parent, legal guardian or other person that such parent, legal guardian or other person, whose name shall be stated in the application will file the petition provided for in section 13 and amendments thereto within that time.

(c) A treatment facility may admit and detain any person presented for emergency observation and treatment upon the written application of any individual, except that a state psychiatric hospital shall not admit and detain any such person, unless a written statement from a qualified mental health professional authorizing such admission to a state psychiatric hos- pital has been obtained. The application shall state:

(1) The name and address of the person sought to be admitted, if known;

(2) the name and address of the person's spouse or nearest relative, if known;

(3) the applicant's belief that the person is a mentally ill person and because of the person's mental illness is likely to cause harm to self or others if not immediately detained;

(4) the factual circumstances in support of that belief;

(5) any pending criminal charges, if known;

(6) the fact that the applicant will file the petition provided for in section 13 and amendments thereto by the close of business of the first day thereafter that the district court is open for the transaction of busi- ness; and

(7) if the application is to a treatment facility other than a state psy- chiatric hospital it shall also be accompanied by a statement in writing of a physician, psychologist, or qualified mental health professional finding that the person is likely to be a mentally ill person subject to commitment for care and treatment under this act.

(d) Any treatment facility or personnel thereof who in good faith ren- ders treatment in accordance with law to any person admitted pursuant to subsection (b) or (c), shall not be liable in a civil or criminal action based upon a claim that the treatment was rendered without legal con- sent.

New Sec. 11. (a) Whenever any person is involuntarily admitted to or detained at a treatment facility pursuant to subsection (b) or (c) of section 10 and amendments thereto, or pursuant to an ex parte emer- gency custody order issued pursuant to section 14 and amendments thereto, the head of the treatment facility shall:

(1) Immediately advise the person in custody that such person is en- titled to immediately contact the person's legal counsel, legal guardian, personal physician or psychologist, minister of religion, including a Chris- tian Science practitioner or immediate family as defined in section (b) or any combination thereof. If the person desires to make such contact, the head of the treatment facility shall make available to the person reason- able means for making such immediate communication;

(2) provide notice of the person's involuntary admission including a copy of the document authorizing the involuntary admission to that per- son's attorney or legal guardian, immediately upon learning of the exis- tence and whereabouts of such attorney or legal guardian, unless that attorney or legal guardian was the person who signed the application resulting in the patient's admission. If authorized by the patient pursuant to K.S.A. 65-5601 through 65-5605 and amendments thereto, the head of the treatment facility also shall provide notice to the patient's imme- diate family, as defined in subsection (b), immediately upon learning of the existence and whereabouts of such family, unless the family member to be notified was the person who signed the application resulting in the patient's admission; and

(3) immediately advise the person in custody of such person's rights provided for in section 34 and amendments thereto.

(b) ``Immediate family'' means the spouse, adult child or children, parent or parents, and sibling or siblings, or any combination thereof.

New Sec./007006/The head of the treatment facility shall discharge any person admitted pursuant to subsection (a) of section 10 and amendments thereto when the ex parte emergency custody order expires, and shall discharge any person admitted pursuant to subsection (b) or (c) of section 10 and amendments thereto not later than the close of business of the first day that the district court is open for the transaction of business after the admission date of the person, unless a district court orders that such person remain in custody under an ex parte emergency custody order issued pursuant to the provisions of section 14 and amendments thereto, or a temporary custody order issued pursuant to the provisions of section 15 and amendments thereto.

New Sec./007006/(a) A verified petition to determine whether or not a person is a mentally ill person subject to involuntary commitment for care and treatment under this act may be filed in the district court of the county wherein that person resides or wherein such person may be found. The petition shall state:

(1) The petitioner's belief that the named person is a mentally ill person subject to involuntary commitment and the facts upon which this belief is based;

(2) to the extent known, the name, age, present whereabouts and permanent address of the person named as possibly a mentally ill person subject to involuntary commitment; and if not known, any information the petitioner might have about this person and where the person resides;

(3) to the extent known, the name and address of the person's spouse or nearest relative or relatives, or legal guardian, or if not known, any information the petitioner might have about a spouse, relative or relatives or legal guardian and where they might be found;

(4) to the extent known, the name and address of the person's legal counsel, or if not known, any information the petitioner might have about this person's legal counsel;

(5) to the extent known, whether or not this person is able to pay for medical services, or if not known, any information the petitioner might have about the person's financial circumstances or indigency;

(6) to the extent known, the name and address of any person who has custody of the person, and any known pending criminal charge or charges or of any arrest warrant or warrants outstanding or, if there are none, that fact or if not known, any information the petitioner might have about any current criminal justice system involvement with the person; and

(7) the name or names and address or addresses of any witness or witnesses the petitioner believes has knowledge of facts relevant to the issue being brought before the court.

The petition shall be accompanied by:

(1) A signed certificate from a physician, licensed psychologist, or qualified mental health professional designated by the head of the treat- ment facility stating that such professional has personally examined the person and any available records and has found that the person, in such professional's opinion, is likely to be a mentally ill person subject to in- voluntary commitment for care and treatment under this act, unless the court allows the petition to be accompanied by a verified statement by the petitioner that the petitioner had attempted to have the person seen by a physician, licensed psychologist or such qualified mental health pro- fessional, but that the person failed to cooperate to such an extent that the examination was impossible to conduct;

(2) if applicable because immediate admission to a state psychiatric hospital is sought, the necessary statement from a qualified mental health professional authorizing such admission; and

(3) if applicable, a copy of any notice given pursuant to section 7 and amendments thereto in which the named person has sought discharge from a treatment facility into which they had previously entered volun- tarily, or a statement from the treating physician or licensed psychologist that the person is a voluntary patient but is refusing reasonable treatment efforts, and including a description of the treatment efforts being refused.

(b) The petition may include a request that an ex parte emergency custody order be issued pursuant to section 14 and amendments thereto. If such request is made the petition shall also include:

(1) A brief statement explaining why the person should be immedi- ately detained or continue to be detained;

(2) the place where the petitioner requests that the person be de- tained or continue to be detained;

(3) if applicable, because detention is requested in a treatment facility other than a state psychiatric hospital, a statement that the facility is will- ing to accept and detain such person; and

(4) if applicable, because admission to a state psychiatric hospital is sought, the necessary statement from a qualified mental health profes- sional authorizing admission and emergency care and treatment.

(c) The petition may include a request that a temporary custody order be issued pursuant to section 15 and amendments thereto.

New Sec./007006/(a) At the time that the petition for the determination of mental illness is filed, or any time thereafter prior to the trial upon the petition as provided for in section 21 and amendments thereto, the pe- titioner may request in writing that the district court issue either or both of the following: (1) An order directing any law enforcement officer to take the person named in the order into custody and transport the person to a designated treatment facility or other suitable place willing to receive and detain the person; (2) an order authorizing any named treatment facility or other place to detain or continue to detain the person until the further order of the court or until the ex parte emergency custody order shall expire.

(b) No ex parte emergency custody order shall provide for the de- tention of any person at a state psychiatric hospital unless a written state- ment from a qualified mental health professional authorizing such ad- mission and detention at a state psychiatric hospital has been filed with the court.

(c) No ex parte emergency custody order shall provide for the deten- tion of any person in a nonmedical facility used for the detention of per- sons charged with or convicted of a crime.

(d) If no other suitable facility at which such person may be detained is willing to accept the person, then the participating mental health center for that area shall provide a suitable place to detain the person until the further order of the court or until the ex parte emergency custody order shall expire.

(e) An ex parte emergency custody order issued under this section shall expire at 5:00 p.m. of the second day the district court is open for the transaction of business after the date of its issuance, which expiration date shall be stated in the order.

(f) The district court shall not issue successive ex parte emergency custody orders.

(g) In lieu of issuing an ex parte emergency custody order, the court may allow the person with respect to whom the request was made to remain at liberty, subject to such conditions as the court may impose.

New Sec./007006/(a) At the time that the petition for determination of mental illness is filed, or any time thereafter prior to the trial upon the petition as provided for in section 21 and amendments thereto, the pe- titioner may request in writing that the district court issue a temporary custody order. The request shall state:

(1) The reasons why the person should be detained prior to the hear- ing on the petition;

(2) whether an ex parte emergency custody order has been requested or was granted; and

(3) the present whereabouts of the person named in the petition.

(b) Upon the filing of a request for a temporary custody order, the court shall set the matter for a hearing which shall be held not later than the close of business of the second day the district court is open for the transaction of business after the filing of the request. The petitioner and the person with respect to whom the request has been filed shall be notified of the time and place of the hearing and that they shall each be afforded an opportunity to appear at the hearing, to testify and to present and cross-examine witnesses. If the person with respect to whom the request has been filed has not yet retained or been appointed an attorney, the court shall appoint an attorney for the person.

(c) At the hearing scheduled upon the request, the person with re- spect to whom the request has been filed shall be present unless the attorney for the person requests that the person's presence be waived and the court finds that the person's presence at the hearing would be injurious to the person's welfare. The court shall enter in the record of the proceedings the facts upon which the court has found that the pres- ence of the person at the hearing would be injurious to such person's welfare. However, if the person with respect to whom the request has been filed states in writing to the court or to such person's attorney that such person wishes to be present at the hearing, the person's presence cannot be waived.

The hearing shall be conducted in as informal a manner as may be consistent with orderly procedure and in a physical setting not likely to have a harmful effect on the person with respect to whom the request has been filed. All persons not necessary for the conduct of the proceed- ings may be excluded. The court shall receive all relevant and material evidence which may be offered. The rules governing evidentiary and pro- cedural matters shall be applied to hearings under this section in a manner so as to facilitate informal, efficient presentation of all relevant, probative evidence and resolution of issues with due regard to the interests of all parties. The facts or data upon which a duly qualified expert bases an opinion or inference may be those perceived by or made known to the expert at or before the hearing and if of a type reasonably relied upon by experts in their particular field in forming opinions or inferences upon the subject, the facts or data need not be admissible in evidence. The expert may testify in terms of opinion or inference and give the expert's reasons therefor without prior disclosure of the underlying facts or data unless the court requires otherwise. If requested on cross-examination, the expert shall disclose the underlying facts or data.

If the petitioner is not represented by counsel, the county or district attorney shall represent the petitioner, prepare all necessary papers, ap- pear at the hearing and present such evidence as the county or district attorney determines to be of aid to the court in determining whether or not there is probable cause to believe that the person with respect to whom the request has been filed is a mentally ill person subject to in- voluntary commitment for care and treatment under this act, and that it would be in the best interests of the person to be detained until the trial upon the petition.

(d) After the hearing, if the court determines from the evidence that:

(1) There is probable cause to believe that the person with respect to whom the request has been filed is a mentally ill person subject to involuntary commitment for care and treatment under this act, and that it is in the best interests of the person to be detained until the trial upon the petition, the court shall issue a temporary custody order;

(2) there is probable cause to believe that the person with respect to whom the request has been filed is a mentally ill person subject to in- voluntary commitment for care and treatment under this act, but that it would not be in their best interests to be detained until the trial upon the petition, the court may allow the person to be at liberty, subject to such conditions as the court may impose;

(3) there is not probable cause to believe that the person with respect to whom the request has been filed is a mentally ill person subject to involuntary commitment for care and treatment under this act, the court shall terminate the proceedings and release the person.

(e) (1) A temporary custody order issued pursuant to this section may direct any law enforcement officer or any other person designated by the court to take the person named in the order into custody and transport them to a designated treatment facility, and authorize the designated treatment facility to detain and treat the person until the trial upon the petition.

(2) No temporary custody order shall provide for the detention and treatment of any person at a state psychiatric hospital unless a written statement from a qualified mental health professional authorizing such admission and detention at a state psychiatric hospital has been filed with the court.

(3) No temporary custody order shall provide for the detention of any person in a nonmedical facility used for the detention of persons charged with or convicted of a crime.

(4) If no other suitable facility at which such person may be detained is willing to accept the person, then the participating mental health center for that area shall provide a suitable place to detain the person until the further order of the court or until the trial upon the petition.

New Sec./007006/(a) Upon the filing of the petition provided for in sec- tion 13 and amendments thereto, the district court shall issue the follow- ing:

(1) An order fixing the time and place of the trial upon the petition. Such hearing, in the court's discretion, may be conducted in a courtroom, a treatment facility or at some other suitable place. The time fixed in the order shall in no event be earlier than 7 days or later than 14 days after the date of the filing of the petition. If a demand for a trial by jury is later filed by the proposed patient, the court may continue the trial and fix a new time and place of the trial at a time that may exceed beyond the 14 days but shall be fixed within a reasonable time not exceeding 30 days from the date of the filing of the demand.

(2) An order that the proposed patient appear at the time and place of the hearing and providing that the proposed patient's presence will be required at the hearing unless the attorney for the proposed patient shall make a request that the proposed patient's presence be waived and the court finds that the proposed patient's presence at the hearing would be injurious to the proposed patient's welfare. The order shall further pro- vide that notwithstanding the foregoing provision, if the proposed patient requests in writing to the court or to such person's attorney that the proposed patient wishes to be present at the hearing, the proposed pa- tient's presence cannot be waived.

(3) An order appointing an attorney to represent the proposed patient at all stages of the proceedings and until all orders resulting from such proceedings are terminated. The court shall give preference, in the ap- pointment of this attorney, to any attorney who has represented the pro- posed patient in other matters if the court has knowledge of that prior representation. The proposed patient shall have the right to engage an attorney of the proposed patient's own choice and, in such event, the attorney appointed by the court shall be relieved of all duties by the court.

(4) An order that the proposed patient shall appear at a time and place that is in the best interests of the patient where the proposed patient will have the opportunity to consult with the proposed patient's court- appointed attorney, which time shall be at least 5 days prior to the date set for the trial under section 21 and amendments thereto.

(5) An order for a mental evaluation as provided for in section 17 and amendments thereto.

(6) A notice as provided for in section 19 and amendments thereto.

(7) If the petition also contains allegations as provided for in K.S.A. 59-3009 and amendments thereto, those orders necessary to make a determination of the need for a legal guardian or conservator, or both, to act on behalf of the proposed patient. For these purposes, the trials required by section 21 and K.S.A. 59-3013 and amendments thereto, may be consolidated.

(b) Nothing in this section shall prevent the court from granting an order of continuance, for good cause shown, to any party for no longer than 7 days, except that such limitation does not apply to a request for an order of continuance made by the proposed patient or to a request made by any party if the proposed patient absents him or herself such that further proceedings can not be held until the proposed patient has been located. The court also, upon the request of any party, may advance the date of the hearing if necessary and in the best interests of all con- cerned.

New Sec./007006/(a) The order for a mental evaluation required by sub- section (a)(5) of section 16 and amendments thereto, shall be served in the manner provided for in subsections (c) and (d) of section 19 and amendments thereto. It shall order the proposed patient to submit to a mental evaluation and to undergo such other evaluation as may be des- ignated by the court in the order, except that any proposed patient who is not subject to a temporary custody order issued pursuant to section 15 and amendments thereto and who requests a hearing pursuant to section 18 and amendments thereto, need not submit to such evaluation until that hearing has been held and the court finds that there is probable cause to believe that the proposed patient is a mentally ill person subject to involuntary commitment for care and treatment under this act. The eval- uation may be conducted at a treatment facility, the home of the proposed patient or any other suitable place that the court determines is not likely to have a harmful effect on the welfare of the proposed patient. A state psychiatric hospital shall not be ordered to evaluate any proposed patient, unless a written statement from a qualified mental health professional authorizing such an evaluation at a state psychiatric hospital has been filed with the court.

(b) At the time designated by the court in the order, but in no event later than 3 days prior to the date of the hearing provided for in section 21 and amendments thereto, the examiner shall submit to the court a report, in writing, of the evaluation which report also shall be made avail- able to counsel for the parties at least 3 days prior to such hearing. The report also shall be made available to the proposed patient and to whom- ever the patient directs, unless for good cause recited in the order, the court orders otherwise. Such report shall state that the examiner has made an examination of the proposed patient and shall state the opinion of the examiner on the issue of whether or not the proposed patient is a mentally ill person subject to involuntary commitment for care and treatment un- der the act and the examiner's opinion as to the least restrictive treatment alternative which will protect the proposed patient and others and allow for the improvement of the proposed patient if treatment is ordered.

New Sec./007006/Whenever a proposed patient who is not subject to a temporary custody order issued pursuant to section 15 and amendments thereto requests a hearing pursuant to this section, a hearing shall be held within a reasonable time thereafter. The petitioner and the proposed patient shall be notified of the time and place of the hearing, afforded an opportunity to testify, and to present and cross-examine witnesses. The proposed patient shall be present at the hearing, and the proposed pa- tient's presence cannot be waived. All persons not necessary for the con- duct of the proceedings may be excluded. The hearing shall be conducted in as informal a manner as may be consistent with orderly procedure and in a physical setting not likely to have a harmful effect on the welfare of the proposed patient. The court shall receive all relevant and material evidence which may be offered. If the petitioner is not represented by counsel, the county or district attorney shall represent the petitioner, prepare all necessary papers, appear at the hearing and present such evidence as the county or district attorney determines to be of aid to the court in determining whether or not there is probable cause to believe that the proposed patient is a mentally ill person subject to involuntary commitment for care and treatment under this act. If the court deter- mines from the evidence that there is probable cause to believe that the proposed patient is a mentally ill person subject to involuntary commit- ment, the court shall issue the order for a mental evaluation; otherwise, the court shall terminate the proceedings.

New Sec. 19. (a) Notice as required by subsection (a)(6) of section 16 and amendments thereto shall be given to the proposed patient named in the petition, the proposed patient's legal guardian if there is one, the attorney appointed to represent the proposed patient, the proposed pa- tient's spouse or nearest relative and to such other persons as the court directs. The notice shall also be given to the participating mental health center for the county where the proposed patient resides.

(b) The notice shall state:

(1) That a petition has been filed, alleging that the proposed patient is a mentally ill person subject to involuntary commitment for care and treatment under the act and requesting that the court order treatment;

(2) the date, time and place of the trial;

(3) the name of the attorney appointed to represent the proposed patient and the time and place where the proposed patient shall have the opportunity to consult with this attorney;

(4) that the proposed patient has a right to a jury trial if a written demand for such is filed with the court at least four days prior to the time set for trial; and

(5) that if the proposed patient demands a jury trial, the trial date may have to be continued by the court for a reasonable time in order to empanel a jury, but that this continuance will not exceed 30 days from the date of the filing of the demand.

(c) The court may order any of the following persons to serve the notice upon the proposed patient:

(1) The physician or psychologist currently administering to the pro- posed patient, if the physician or psychologist consents to doing so;

(2) the head of the participating mental health center or the designee thereof;

(3) the local health officer or such officer's designee;

(4) the secretary of social and rehabilitation services or the secretary's designee if the proposed patient is being detained at a state psychiatric hospital;

(5) any law enforcement officer; or

(6) the attorney of the proposed patient.

(d) The notice shall be served personally on the proposed patient as soon as possible, but not less than 10 days prior to the date of the hearing, and immediate return thereof shall be made to the court by the person serving notice. Unless otherwise ordered by the court, notice shall be served on the proposed patient by a nonuniformed person.

(e) Notice to all other persons may be made by mail or in such other manner as directed by the court.

New Sec. 20. (a) The patient at any time may request, in writing, that any further proceedings be continued for not more than 90 days so that the court may make an order of continuance and referral for short- term treatment. The written request must be acknowledged before a notary public or a judge of the district court. The patient may request successive orders of continuance and referral. Upon receipt of such a request, the court may order the patient referred for short-term treat- ment to a designated treatment facility for a period of time not to exceed 90 days from the date the order is filed. No order may be issued for referral to a state psychiatric hospital, unless a written statement from a qualified mental health professional authorizing such admission and treat- ment at a state psychiatric hospital has been filed with the court. The court may not issue an order of referral unless the attorney representing the patient has filed a statement, in writing, that the attorney has ex- plained to the patient the nature of an order of referral and the right of the patient to have the further proceedings conducted as scheduled.

(b) If the patient's request for an order for referral for short-term treatment is made prior to the hearing required to be held pursuant to the provisions of section 15 or 18 and amendments thereto, and granted, it shall constitute a waiver of the patient's right to this hearing.

(c) Within any order of continuance and referral, the court shall con- firm the new date and time set for the trial and direct that notice of such be given to the patient, to the attorney representing the patient, the pe- titioner or the county or district attorney as appropriate, the patient's legal guardian if there is one, the patient's spouse or nearest relative as appro- priate, the head of the treatment facility to which the patient is being referred, and such other persons as the court directs. Any trial so contin- ued shall then be held on the date set at the end of the referral period, unless again continued by the court upon the patient's request for another order of continuance and referral, or on the date set in any order of continuance necessitated by the patient's demand for a jury trial.

(d) Not later than 14 days prior to the date set for the trial provided for in section 21 and amendments thereto by any order of continuance and referral, unless the proposed patient has been accepted as a voluntary patient by the treatment facility or unless the proposed patient has filed a written request for another successive period of continuance and re- ferral, the facility treating the proposed patient shall submit a written report of its findings and recommendations to the court, which report also shall be made available to counsel for the parties. The report also shall be made available to the proposed patient and to whomever the patient directs, unless for good cause recited in the order, the court orders otherwise.

New Sec. 21. (a) Trial upon the petition shall be held at the time and place specified in the court's order issued pursuant to subsection (a) of section 16 and amendments thereto unless a continuance as provided in section 16 or 20 and amendments thereto, has been granted. The hearing shall be held to the court only, unless the proposed patient, at least 4 days prior to the time set for the hearing, demands, in writing, a jury trial.

(b) The jury, if one is demanded, shall consist of 6 persons. The jury panel shall be selected as provided by law. Notwithstanding the provision within K.S.A. 43-166 otherwise, a panel of prospective jurors may be assembled by the clerk upon less than 20 days notice in this circumstance. From such panel 12 qualified jurors, who have been passed for cause, shall be empaneled. Prior service as a juror in any court shall not exempt, for that reason alone, any person from jury service hereunder. From the panel so obtained, the proposed patient or the proposed patient's attorney shall strike one name; then the petitioner, or the petitioner's attorney, shall strike one name; and so on alternatively until each has stricken 3 names so as to reach the jury of 6 persons. During this process, if either party neglects or refuses to aid in striking the names, the court shall strike a name on behalf of such party.

(c) The proposed patient shall be present at the hearing unless the attorney for the proposed patient requests that the proposed patient's presence be waived and the court finds the person's presence at the hear- ing would be injurious to their welfare. The court shall enter in the record of the proceedings the facts upon which the court has found that the presence of the proposed patient at the hearing would be injurious to their welfare. However, if the proposed patient states in writing to the court or such person's attorney that such patient wishes to be present at the hearing, the person's presence cannot be waived. The petitioner and the proposed patient shall be afforded an opportunity to appear at the hearing, to testify, and to present and cross-examine witnesses. All per- sons not necessary for the conduct of the proceedings may be excluded. The hearings shall be conducted in as informal a manner as may be con- sistent with orderly procedure and in a physical setting not likely to have a harmful effect on the welfare of the proposed patient. The court shall receive all relevant and material evidence which may be offered, including the testimony or written findings and recommendations of the examiner who evaluated the proposed patient pursuant to the court's order issued under section 17 and amendments thereto. Such evidence shall not be privileged for the purpose of this hearing.

(d) The rules governing evidentiary and procedural matters at hear- ings under this section shall be applied in a manner so as to facilitate informal, efficient presentation of all relevant, probative evidence and resolution of issues with due regard to the interests of all parties.

(e) If the petitioner is not represented by counsel, the county or dis- trict attorney shall represent the petitioner, prepare all necessary papers, appear at the hearing and present such evidence as the county or district attorney shall determine to be of aid to the court in determining whether or not the proposed patient is a mentally ill person subject to involuntary commitment for care and treatment under this act.

New Sec. 22. (a) Upon the completion of the trial, if the court or jury finds by clear and convincing evidence that the proposed patient is a mentally ill person subject to involuntary commitment for care and treatment under this act, the court shall order treatment for such person at a treatment facility, except that the court shall not order treatment at a state psychiatric hospital, unless a written statement from a qualified mental health professional authorizing such treatment at a state psychi- atric hospital has been filed with the court. An order for treatment in a treatment facility other than a state psychiatric hospital shall be condi- tioned upon the consent of the head of that treatment facility to accepting the patient. In the event no other appropriate treatment facility has agreed to provide treatment for the patient, and no qualified mental health professional has authorized treatment at a state psychiatric hos- pital, the participating mental health center for the county in which the patient resides shall be given responsibility for providing or securing treat- ment for the patient or if no county of residence can be determined for the patient, then the participating mental health center for the county in which the patient was taken into custody or in which the petition was filed shall be given responsibility for providing or securing treatment for the patient.

(b) Within any order for treatment the court shall specify the period of treatment as provided for in section 25 and amendments thereto.

(c) When the court orders treatment, it shall retain jurisdiction to modify, change or terminate such order, unless venue has been changed pursuant to section 27 and amendments thereto and then the receiving court shall have continuing jurisdiction.

(d) If the court finds from the evidence that the proposed patient has not been shown to be a mentally ill person subject to involuntary com- mitment for care and treatment under this act the court shall release the person and terminate the proceedings.

New Sec. 23. (a) An order for outpatient treatment may be entered by the court at any time in lieu of any type of order which would have required inpatient care and treatment if the court finds that the patient is likely to comply with an outpatient treatment order and that the patient will not likely be a danger to the community or be likely to cause harm to self or others while subject to an outpatient treatment order.

(b) No order for outpatient treatment shall be entered unless the head of the outpatient treatment facility has consented to treat the patient on an outpatient basis under the terms and conditions set forth by the court, except that no order for outpatient treatment shall be refused by a participating mental health center.

(c) If outpatient treatment is ordered, the order may state specific conditions to be followed by the patient, but shall include the general condition that the patient is required to comply with all directives and treatment as required by the head of the outpatient treatment facility or the head's designee. The court may also make such orders as are appro- priate to provide for monitoring the patient's progress and compliance with outpatient treatment. Within any outpatient order for treatment the court shall specify the period of treatment as provided for in section 25 and amendments thereto.

(d) The court shall retain jurisdiction to modify or revoke the order for outpatient treatment at any time on its own motion, on the motion of any counsel of record or upon notice from the treatment facility of any need for new conditions in the order for outpatient treatment or of ma- terial noncompliance by the patient with the order for outpatient treat- ment. However, if the venue of the matter has been transferred to an- other court, then the court having venue of the matter shall have such jurisdiction to modify or revoke the outpatient treatment order. Revo- cation or modification of an order for outpatient treatment may be made ex parte by order of the court in accordance with the provisions of sub- sections (e) or (f).

(e) The treatment facility shall immediately report to the court any material noncompliance by the patient with the outpatient treatment or- der. Such notice may be verbal or by telephone but shall be followed by a verified written or facsimile notice delivered to the court, to counsel for all parties and, as appropriate, to the head of the inpatient treatment facility designated to receive the patient, by not later than 5:00 p.m. of the first day the district court is open for the transaction of business after the verbal or telephonic communication was made to the court. Upon receipt of verbal, telephone, or verified written or facsimile notice of noncompliance, the court may enter an ex parte emergency custody order providing for the immediate detention of the patient in a designated in- patient treatment facility except that the court shall not order the deten- tion of the patient at a state psychiatric hospital, unless a written statement from a qualified mental health professional authorizing such detention at a state psychiatric hospital has been filed with the court. Any ex parte emergency custody order issued by the court under this subsection shall expire at 5:00 p.m. of the second day the district court is open for the transaction of business after the patient is taken into custody. The court shall not enter successive ex parte emergency custody orders.

(f) (1) Upon the entry of an ex parte emergency custody order re- voking a previously issued order for outpatient treatment and ordering the patient to involuntary inpatient care the court shall set the matter for hearing not later than the close of business on the second day the court is open for business after the filing of the order. Notice of the hearing shall be given to the patient, the patient's attorney, the patient's legal guardian, the petitioner or the county or district attorney as appropriate, the head of the outpatient treatment facility and the head of the inpatient treatment facility, similarly as provided for in section 19 and amendments thereto.

(2) Upon the entry of an ex parte order modifying a previously issued order for outpatient treatment, but allowing the patient to remain at lib- erty, a copy of the order shall be served upon the patient, the patient's attorney, the county or district attorney and the head of the outpatient treatment facility similarly as provided for in section 19 and amendments thereto. Thereafter, any party to the matter, including the petitioner, the county or district attorney or the patient, may request a hearing on the matter if the request is filed within 5 days from the date of service of the ex parte order upon the patient. The court may also order such a hearing on its own motion within 5 days from the date of service of the notice. If no request or order for hearing is filed within the 5-day period, the ex parte order and the terms and conditions set out in the ex parte order shall become the final order of the court substituting for any previously entered order for outpatient treatment. If a hearing is requested, a formal written request for revocation or modification of the outpatient treatment order shall be filed by the county or district attorney or the petitioner and a hearing shall be held thereon within 5 days after the filing of the request.

(g) The hearing held pursuant to subsection (f) shall be conducted in the same manner as hearings provided for in section 15 and amendments thereto. Upon the completion of the hearing, if the court finds by clear and convincing evidence that the patient violated any condition of the outpatient treatment order, the court may enter an order for inpatient treatment, except that the court shall not order treatment at a state psy- chiatric hospital unless a written statement from a qualified mental health professional authorizing such treatment at a state psychiatric hospital has been filed with the court, or may modify the order for outpatient treat- ment with different terms and conditions in accordance with this section.

(h) The outpatient treatment facility shall comply with the provisions of section 25 and amendments thereto concerning the filing of written reports for each 90- or 180-day period during the time the outpatient treatment order is in effect and the court shall receive and process such reports in the same manner as reports received from an inpatient treat- ment facility.

New Sec. 24. (a) All admissions to a state psychiatric hospital upon any order of a court shall be to the state psychiatric hospital designated by the secretary of social and rehabilitation services. The time and manner of the admission shall be arranged by the participating mental health center authorizing such admission and coordinated with the hospital and the official or agent who shall transport the person.

(b) No patient shall be admitted to a state psychiatric hospital pur- suant to any of the provisions of this act, including any court-ordered admissions, if the secretary has notified the supreme court of the state of Kansas and each district court which has jurisdiction over all or part of the catchment area served by a state psychiatric hospital, that the census of a particular treatment program of that state psychiatric hospital has reached capacity and that no more patients may be admitted. Following notification that a state psychiatric hospital program has reached its ca- pacity and no more patients may be admitted, any district court which has jurisdiction over all or part of the catchment area served by that state psychiatric hospital, and any participating mental health center which serves all or part of that same catchment area, may request that patients needing that treatment program be placed on a waiting list maintained by that state psychiatric hospital.

(c) In each such case, as a vacancy at that state psychiatric hospital occurs, the district court and participating mental health center shall be notified, in the order of their previous requests for placing a patient on the waiting list, that a patient may be admitted to the state psychiatric hospital. As soon as the state psychiatric hospital is able to admit patients on a regular basis to a treatment program for which notice has been previously given under this section, the superintendent of the state psy- chiatric hospital shall inform the supreme court and each affected district court that the moratorium on admissions is no longer in effect.

New Sec. 25. (a) At least 14 days prior to the end of each period of treatment, as set out in the court order for such treatment, the head of the treatment facility furnishing treatment to the patient shall submit to the court a written report summarizing the treatment provided and the findings and recommendations of the treatment facility concerning the need for further treatment for the patient. Upon the receipt of this writ- ten report, the court shall notify the patient's attorney of record that this written report has been received. If there is no attorney of record for the patient, the court shall appoint an attorney and notify such attorney that the written report has been filed.

(b) When the attorney for the patient has received notice that the treatment facility has provided the district court with its written report, the attorney shall consult with the patient to determine whether the pa- tient desires a hearing. If the patient desires a hearing, the attorney shall file a written request for a hearing with the district court, which request shall be filed not later than the end of the 90-day or 180-day period of treatment as provided for herein. If the patient does not desire a hearing, the patient's attorney shall file with the court a written statement that the attorney has consulted with the patient; the manner in which the attorney has consulted with the patient; that the attorney has fully explained to the patient the patient's right to a hearing as set out in this section and that if the patient does not request such a hearing that further treatment will likely be ordered, but that having been so advised the patient does not desire a hearing. Thereupon, the court may renew its order for treat- ment and may specify the next period of treatment. Notice thereof shall be given to the patient, the attorney for the patient, the patient's legal guardian, the petitioner or the county or district attorney, as appropriate, and to the head of the treatment facility treating the patient as the court shall specify.

(c) Upon receiving a written request for a hearing, the district court shall set the matter for hearing and notice of such hearing shall be given similarly as provided for in section 19 and amendments thereto. Notice shall also be given to the head of the treatment facility treating the patient. The hearing shall be held as soon as reasonably practical, but in no event more than 10 days following the filing of the written request for a hearing. The patient shall remain in treatment during the pendency of any such hearing, unless discharged by the head of the treatment facility pursuant to section 29 and amendments thereto.

(d) The district court having jurisdiction of any case may, on its own motion or upon written request of any interested party, including the head of the treatment facility where a patient is being treated, hold a hearing to review the patient's status earlier than at the times set out in subsection (b) above, if the court determines it is in the best interests of the patient to have an earlier hearing, however, the patient shall not be entitled to have more than one hearing within the first 90 days after the date of the hearing at which the original treatment order was entered; one hearing within the second 90 days after the date of the hearing at which the original treatment order was entered and one hearing within each 180 days thereafter.

(e) The hearing shall be conducted in the same manner as hearings provided for in section 21 and amendments thereto, except that the hear- ing shall be to the court and the patient shall not have the right to demand a jury. At the hearing it shall be the petitioner's or county or district attorney's or treatment facility's burden to show that the patient remains a mentally ill person subject to involuntary commitment for care and treatment under this act.

(f) Upon completion of the hearing, if the court finds by clear and convincing evidence that the patient continues to be a mentally ill person subject to involuntary commitment for care and treatment under this act, the court shall order continued treatment at an inpatient treatment facility as provided for in section 22 and amendments thereto, or at an outpatient treatment facility if the court determines that outpatient treatment is appropriate under section 23 and amendments thereto, and a copy of the court's order shall be provided to the head of the treatment facility. If the court finds that it has not been shown by clear and convincing evi- dence that the patient continues to be a mentally ill person subject to involuntary commitment for care and treatment under this act, it shall release the patient. A copy of the court's order of release shall be provided to the patient, the patient's attorney, the patient's legal guardian or other person known to be interested in the care and welfare of a minor patient, and to the head of the treatment facility at which the patient had been receiving treatment.

New Sec. 26. The court may issue orders providing for the trans- portation of patients as necessary to effectuate the provisions of this act. All orders of ex parte emergency custody, temporary custody, referral or treatment may authorize a relative or other suitable person to transport the individual named in the order to the place of detention or treatment specified in the order. All orders for transportation shall be served by the person transporting the individual named in the order upon the person in charge of the place of detention or treatment or such person's designee and due return of execution thereof shall be made to the court. A female being transported shall be accompanied by a female attendant, unless she is accompanied by an adult relative. An individual shall not be transported in a marked police car or sheriff's car if other means of transportation are available. The least amount of restraint necessary shall be used in trans- porting the patient.

New Sec. 27. At any time after the petition provided for in section 13 and amendments thereto has been filed, up until the expiration of two full working days following the probable cause hearing held pursuant to section 15 or 18 and amendments thereto, the district court then with jurisdiction, on its own motion or upon the written request of any person, may transfer the venue of the case to the district court for the county where the patient is being detained, evaluated or treated in a treatment facility under the authority of an order issued pursuant to section 14, 15 or 20 and amendments thereto, issued prior to the trial required by sec- tion 21 and amendments thereto. Thereafter the district court may on its own motion or upon the written request of any person transfer venue to another district court only for good cause shown.

When any order changing venue is issued, the district court issuing such order shall immediately send to the district court to which venue is changed a facsimile of all pleadings and orders in the case. The district court shall also immediately send a facsimile of the order transferring venue to the treatment facility where the patient is being detained, eval- uated or treated. The district court issuing such order, if not in the county of residence of the proposed patient, shall transmit to the district court in the county of residence of the proposed patient a statement of any court costs incurred by the county of the district court issuing such order and a certified copy of all pleadings and orders in the case.

Any district court to which venue is transferred shall proceed in the case as if the petition had been originally filed therein and shall cause notice of the change of venue to be given to the persons named in and in the same manner as provided for in section 19 and amendments thereto. In the event that notice of a change of location of a hearing due to a change of venue cannot be served at least 48 hours prior to any hearing previously scheduled by the transferring court or because of scheduling conflicts the hearing can not be held by the receiving court on the previously scheduled date, then the receiving court shall continue the hearing for up to seven full working days to allow adequate time for notice to be given and the hearing held.

Any district court to which venue is transferred, if not in the county of residence of the patient, shall transmit a statement of any court costs incurred and a certified copy of all pleadings and orders in the case to the district court in the county of the residence of the patient.

New Sec. 28. (a) The secretary of social and rehabilitation services or the secretary's designee may transfer any patient from any state psy- chiatric hospital under the secretary's control to any other state psychiatric hospital whenever the secretary or the secretary's designee considers it to be in the best interests of the patient. Except in the case of an emer- gency, the patient's spouse or nearest relative or legal guardian, if one has been appointed, shall be notified of the transfer, and notice shall be sent to the committing court not less than 14 days before the proposed transfer. The notice shall name the hospital to which the patient is pro- posed to be transferred to and state that, upon request of the spouse or nearest relative or legal guardian, an opportunity for a hearing on the proposed transfer will be provided by the secretary of social and rehabil- itation services prior to such transfer.

(b) The secretary of social and rehabilitation services or the designee of the secretary may transfer any involuntary patient from any state psy- chiatric hospital to any state institution for the mentally retarded when- ever the secretary of social and rehabilitation services or the designee of the secretary considers it to be in the best interests of the patient. Any patient transferred as provided for in this subsection shall remain subject to the same statutory provisions as were applicable at the psychiatric hos- pital from which the patient was transferred and in addition thereto shall abide by and be subject to all the rules and regulations of the retardation institution to which the patient has been transferred. Except in the case of an emergency, the patient's spouse or nearest relative or legal guardian, if one has been appointed, shall be notified of the transfer, and notice shall be sent to the committing court not less than 14 days before the proposed transfer. The notice shall name the institution to which the patient is proposed to be transferred to and state that, upon request of the spouse or nearest relative or legal guardian, an opportunity for a hearing on the proposed transfer will be provided by the secretary of social and rehabilitation services prior to such transfer. No patient shall be transferred from a state psychiatric hospital to a state institution for the mentally retarded unless the superintendent of the receiving insti- tution has found, pursuant to K.S.A. 76-12b01 through 76-12b11 and amendments thereto, that the patient is mentally retarded and in need of care and training and that placement in the institution is the least restrictive alternative available. Nothing in this subsection shall prevent the secretary of social and rehabilitation services or the designee of the secretary from allowing a patient at a state psychiatric hospital to be ad- mitted as a voluntary resident to a state institution for the mentally re- tarded, or from then discharging such person from the state psychiatric hospital pursuant to section 29 and amendments thereto, as may be ap- propriate.

New Sec. 29. (a) When any proposed patient or involuntary patient has been admitted to any treatment facility pursuant to section 10, 14, 15, 20, 22 or 23 and amendments thereto, the head of the treatment facility shall discharge and release the patient when the patient is no longer in need of treatment, except that no patient shall be discharged from a state psychiatric hospital without the hospital receiving and con- sidering recommendations from the participating mental health center serving the area where the patient intends to reside.

(b) Nothing in this section shall be construed to amend or modify or repeal any law relating to the confinement of persons charged with or convicted of a criminal offense.

New Sec. 30. The head of the treatment facility shall notify, in writ- ing, the patient, the patient's attorney, the petitioner or the petitioner's attorney, the county or district attorney as appropriate, and the district court which has jurisdiction over the patient of the patient's discharge pursuant to section 29 and amendments thereto. When a notice of dis- charge is received, the court shall file the same which shall terminate the proceedings, unless there has been issued a superseding inpatient or out- patient treatment order not being discharged by the notice.

New Sec. 31. If any involuntary patient leaves the place of the pa- tient's detention or treatment without the authority of the head of the treatment facility, the head of the treatment facility shall notify the sheriff of the county in which the treatment facility is located of the involuntary patient's unauthorized absence and request that the patient be taken into custody and returned to the treatment facility. If oral notification is given, it shall be confirmed in writing as soon thereafter as reasonably possible.

New Sec. 32. (a) Medications and other treatments shall be pre- scribed, ordered and administered only in conformity with accepted clin- ical practice. Medication shall be administered only upon the written order of a physician or upon a verbal order noted in the patient's medical records and subsequently signed by the physician. The attending physi- cian shall review regularly the drug regimen of each patient under the physician's care and shall monitor any symptoms of harmful side effects. Prescriptions for psychotropic medications shall be written with a ter- mination date not exceeding 30 days thereafter but may be renewed.

(b) During the course of treatment the responsible physician or psy- chologist or such person's designee shall reasonably consult with the pa- tient, the patient's legal guardian, or a minor patient's parent and give consideration to the views the patient, legal guardian or parent expresses concerning treatment and any alternatives. No medication or other treat- ment may be administered to any voluntary patient without the patient's consent, or the consent of such patient's legal guardian or of such patient's parent if the patient is a minor.

(c) Consent for medical or surgical treatments not intended primarily to treat a patient's mental disorder shall be obtained in accordance with applicable law.

(d) Whenever any patient is receiving treatment pursuant to section 10, 14, 15, 20, 22 or 23 and amendments thereto, and the treatment facility is administering to the patient any medication or other treatment which alters the patient's mental state in such a way as to adversely affect the patient's judgment or hamper the patient in preparing for or partic- ipating in any hearing provided for by this act, then two days prior to and during any such hearing, the treatment facility may not administer such medication or other treatment unless such medication or other treatment is necessary to sustain the patient's life or to protect the patient or others. Prior to the hearing, a report of all such medications or other treatment which have been administered to the patient, along with a copy of any written consent(s) which the patient may have signed, shall be submitted to the court. Counsel for the patient may preliminarily examine the at- tending physician regarding the administration of any medication to the patient within two days of the hearing with regard to the affect that med- ication may have had upon the patient's judgment or ability to prepare for or participate in the hearing. On the basis thereof, if the court deter- mines that medication or other treatment has been administered which adversely affects the patient's judgment or ability to prepare for or par- ticipate in the hearing, the court may grant to the patient a reasonable continuance in order to allow for the patient to be better able to prepare for or participate in the hearing and the court shall order that such med- ication or other treatment be discontinued until the conclusion of the hearing, unless the court finds that such medication or other treatment is necessary to sustain the patient's life or to protect the patient or others, in which case the court shall order that the hearing proceed.

(e) Whenever a patient receiving treatment pursuant to section 10, 14, 15, 20, 22 or 23 and amendments thereto, objects to taking any med- ication prescribed for psychiatric treatment, and after full explanation of the benefits and risks of such medication continues their objection, the medication may be administered over the patient's objection; except that the objection shall be recorded in the patient's medical record and at the same time written notice thereof shall be forwarded to the medical di- rector of the treatment facility or the director's designee. Within five days after receiving such notice, excluding Saturdays, Sundays and legal holi- days, the medical director or designee shall deliver to the patient and the patient's physician the medical director's or designee's written decision concerning the administration of that medication, and a copy of that de- cision shall be placed in the patient's medical record.

(f) In no case shall experimental medication be administered without the patient's consent, which consent shall be obtained in accordance with subsection (a)(6) of section 34 and amendments thereto.

New Sec. 33. (a) Restraints or seclusion shall not be applied to a patient unless it is determined by the head of the treatment facility or a physician or psychologist to be necessary to prevent immediate substantial bodily injury to the patient or others and that other alternative methods to prevent such injury are not sufficient to accomplish this purpose. Re- straint or seclusion shall never be used as a punishment or for the con- venience of staff. The extent of the restraint or seclusion applied to the patient shall be the least restrictive measure necessary to prevent such injury to the patient or others, and the use of restraint or seclusion in a treatment facility shall not exceed 3 hours without medical reevaluation, except that such medical reevaluation shall not be required, unless nec- essary, between the hours of 12:00 midnight and 8:00 a.m. When re- straints or seclusion are applied, there shall be monitoring of the patient's condition at a frequency determined by the treating physician or psy- chologist, which shall be no less than once per each 15 minutes. The head of the treatment facility or a physician or psychologist shall sign a state- ment explaining the treatment necessity for the use of any restraint or seclusion and shall make such statement a part of the permanent treat- ment record of the patient.

(b) The provisions of subsection (a) shall not prevent, for a period not exceeding 2 hours without review and approval thereof by the head of the treatment facility or a physician or psychologist:

(1) Staff at the state security hospital from confining patients in their rooms when it is considered necessary for security or proper institutional management;

(2) the use of such restraints as necessary for a patient who is likely to cause physical injury to self or others without the use of such restraints;

(3) the use of restraints when needed primarily for examination or treatment or to insure the healing process; or

(4) the use of seclusion as part of a treatment methodology that calls for time out when the patient is refusing to participate in a treatment or has become disruptive of a treatment process.

(c) ``Restraints'' means the application of any devices, other than hu- man force alone, to any part of the body of the patient for the purpose of preventing the patient from causing injury to self or others.

(d) ``Seclusion'' means the placement of a patient, alone, in a room, where the patient's freedom to leave is restricted and where the patient is not under continuous observation.

New Sec. 34. (a) Every patient being treated in any treatment facil- ity, in addition to all other rights preserved by the provisions of this act, shall have the following rights:

(1) To wear the patient's own clothes, keep and use the patient's own personal possessions including toilet articles and keep and be allowed to spend the patient's own money;

(2) to communicate by all reasonable means with a reasonable num- ber of persons at reasonable hours of the day and night, including both to make and receive confidential telephone calls, and by letter, both to mail and receive unopened correspondence, except that if the head of the treatment facility should deny a patient's right to mail or to receive unopened correspondence under the provisions of subsection (b), such correspondence shall be opened and examined in the presence of the patient;

(3) to conjugal visits if facilities are available for such visits;

(4) to receive visitors in reasonable numbers and at reasonable times each day;

(5) to refuse involuntary labor other than the housekeeping of the patient's own bedroom and bathroom, provided that nothing herein shall be construed so as to prohibit a patient from performing labor as a part of a therapeutic program to which the patient has given their written consent and for which the patient receives reasonable compensation;

(6) not to be subject to such procedures as psychosurgery, electro- shock therapy, experimental medication, aversion therapy or hazardous treatment procedures without the written consent of the patient or the written consent of a parent or legal guardian, if such patient is a minor or has a legal guardian provided that the guardian has obtained authority to consent to such from the court which has venue over the guardianship following a hearing held for that purpose;

(7) to have explained, the nature of all medications prescribed, the reason for the prescription and the most common side effects and, if requested, the nature of any other treatments ordered;

(8) to communicate by letter with the secretary of social and reha- bilitation services, the head of the treatment facility and any court, attor- ney, physician, psychologist, or minister of religion, including a Christian Science practitioner. All such communications shall be forwarded at once to the addressee without examination and communications from such persons shall be delivered to the patient without examination;

(9) to contact or consult privately with the patient's physician or psy- chologist, minister of religion, including a Christian Science practitioner, legal guardian or attorney at any time and if the patient is a minor, their parent;

(10) to be visited by the patient's physician, psychologist, minister of religion, including a Christian Science practitioner, legal guardian or at- torney at any time and if the patient is a minor, their parent;

(11) to be informed orally and in writing of their rights under this section upon admission to a treatment facility; and

(12) to be treated humanely consistent with generally accepted ethics and practices.

(b) The head of the treatment facility may, for good cause only, re- strict a patient's rights under this section, except that the rights enumer- ated in subsections (a)(5) through (a)(12), and the right to mail any cor- respondence which does not violate postal regulations, shall not be restricted by the head of the treatment facility under any circumstances. Each treatment facility shall adopt regulations governing the conduct of all patients being treated in such treatment facility, which regulations shall be consistent with the provisions of this section. A statement explaining the reasons for any restriction of a patient's rights shall be immediately entered on such patient's medical record and copies of such statement shall be made available to the patient or to the parent, or legal guardian if such patient is a minor or has a legal guardian, and to the patient's attorney. In addition, notice of any restriction of a patient's rights shall be communicated to the patient in a timely fashion.

(c) Any person willfully depriving any patient of the rights protected by this section, except for the restriction of such rights in accordance with the provisions of subsection (b) or in accordance with a properly obtained court order, shall be guilty of a class C misdemeanor.

New Sec. 35. (a) The district court records, and any treatment re- cords or medical records of any patient or former patient that are in the possession of any district court or treatment facility shall be privileged and shall not be disclosed except:

(1) Upon the written consent of (A) the patient or former patient, if an adult who has no legal guardian; (B) the patient's or former patient's legal guardian, if one has been appointed; or (C) a parent, if the patient or former patient is under 18 years of age, except that a patient or former patient who is 14 or more years of age and who was voluntarily admitted upon their own application made pursuant to subsection (b)(2)(B) of sec- tion 5 and amendments thereto shall have capacity to consent to release of their records without parental consent. The head of any treatment facility who has the records may refuse to disclose portions of such records if the head of the treatment facility states in writing that such disclosure will be injurious to the welfare of the patient or former patient.

(2) Upon the sole consent of the head of the treatment facility who has the records if the head of the treatment facility makes a written de- termination that such disclosure is necessary for the treatment of the patient or former patient.

(3) To any state or national accreditation agency or for a scholarly study, but the head of the treatment facility shall require, before such disclosure is made, a pledge from any state or national accreditation agency or scholarly investigator that such agency or investigator will not disclose the name of any patient or former patient to any person not otherwise authorized by law to receive such information.

(4) Upon the order of any court of record after a determination has been made by the court issuing the order that such records are necessary for the conduct of proceedings before the court and are otherwise ad- missible as evidence.

(5) In proceedings under this act, upon the oral or written request of any attorney representing the patient, or former patient.

(6) To appropriate administrative or professional staff of the depart- ment of corrections whenever patients have been administratively trans- ferred to the state security hospital or other state psychiatric hospitals pursuant to the provisions of K.S.A. 75-5209 and amendments thereto. The patient's or former patient's consent shall not be necessary to release information to the department of corrections.

(7) As otherwise provided for in this act.

(b) To the extent the provisions of K.S.A. 65-5601 through 65-5605, inclusive, and amendments thereto are applicable to treatment records or medical records of any patient or former patient, the provisions of K.S.A. 65-5601 through 65-5605, inclusive, and amendments thereto shall control the disposition of information contained in such records.

(c) Willful violation of this section is a class C misdemeanor.

New Sec. 36. Any person acting in good faith and without negligence shall be free from all liability, civil or criminal, which might arise out of acting pursuant to this act. Any person who for a corrupt consideration or advantage, or through malice, shall make or join in making or advise the making of any false petition, report or order provided for in this act shall be guilty of a class A misdemeanor.

New Sec. 37. In each proceeding the court shall allow and order paid to any individual or treatment facility as part of the costs thereof a rea- sonable fee and expenses for any professional services ordered performed by the court pursuant to this act other than those performed by any in- dividual or hospital under the jurisdiction of the secretary of social and rehabilitation services, and including the fee of counsel for the patient when counsel is appointed by the court and the costs of the county or district attorney incurred in cases involving change of venue. Other costs and fees shall be allowed and paid as are allowed by law for similar serv- ices in other cases. The costs shall be taxed to the estate of the patient, to those bound by law to support such patient or to the county of the residence of the patient as the court having jurisdiction shall direct, except that if a proposed patient is found not to be a mentally ill person subject to involuntary commitment under this act, the costs shall not be assessed against such patient's estate but may at the discretion of the court be assessed against the petitioner or may be paid from the general fund of the county of the residence of the proposed patient. Any district court receiving a statement of costs from another district court shall forthwith approve the same for payment out of the general fund of its county except that it may refuse to approve the same for payment only on the ground that the patient is not a resident of that county. In such case it shall transmit the statement of costs to the secretary of social and rehabilitation services who shall determine the question of residence and certify the secretary's findings to each district court. Whenever a district court has sent a statement of costs to the district court of another county and such costs have not been paid within 90 days after the statement was sent, the district court that sent the statement may transmit such statement of costs to the secretary for determination and certification as provided above. If the claim for costs is not paid within 30 days after such certification, an action may be maintained thereon by the claimant county in the district court of the claimant county against the debtor county. The findings made by the secretary of social and rehabilitation services as to the residence of the patient shall be applicable only to the assessment of costs. Any county of residence which pays from its general fund court costs to the district court of another county may recover the same in any court of competent jurisdiction from the estate of the patient or from those bound by law to support such patient, unless the court shall find that the pro- ceedings in which such costs were incurred were instituted without prob- able cause and not in good faith.

New Sec. 38. In the event of the death of a patient in a treatment facility, the head of the treatment facility shall immediately give notice of the date, time, place and cause of such death, to the extent known, to the nearest known relative of the patient, and, as appropriate, to the court having jurisdiction over the patient, the attorney for the patient, and to the county or district attorney and as otherwise provide for by law, to the coroner for the county in which the patient died.

New Sec. 39. 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 at- torney or trial court.

New Sec. 40. If any provision of this act or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.

New Sec. 41. Whenever any person is taken into custody by an ar- resting officer and such officer has reasonable grounds to believe that such person has violated K.S.A. 21-3420, 21-3421, 21-3422, 21-3502, 21- 3503, 21-3504, 21-3505, 21-3506, 21-3507, 21-3508, 21-3509, 21-3510, 21-3511, 21-3512, 21-3513, 21-3602 or 21-3603 and amendments thereto, the officer shall forthwith report such facts to the county or district at- torney by a written report under oath, and the county or district attorney may submit such report to the judge of the district court. If the court finds from an examination of the report that there is evidence raising the issue of the mental illness of the person who was arrested, the court shall direct the county or district attorney to sign and file a petition to institute proceedings in accordance with the care and treatment act for mentally ill persons.

New Sec. 42. The arresting officer's report made pursuant to section 41 and amendments thereto shall not be available to inspection or copy by any persons other than the person arrested, that person's attorney, the county or district attorney and the judge of the district court.

Sec. 43. K.S.A. 1995 Supp. 12-1,109 is hereby amended to read as follows: 12-1,109. Gross earnings derived from the following shall be ex- empt from taxes levied by counties, cities and townships pursuant to this act:

(a) Notes secured by mortgages on real estate, which mortgages have been recorded in this state and the registration fee or tax thereon paid, as otherwise provided by law;

(b) all moneys, notes and other evidences of indebtedness held by the trustee of a qualified trust described in section 401, 408 or 501(c)(4), (5), (9), (17) or (18) of the internal revenue code of 1986, as amended (26 U.S.C. 401, 408 or 501(c)(4), (5), (9), (17) or (18)) which is part of a stock bonus, pension or profit-sharing plan of an employer for the exclu- sive benefit of employees or their beneficiaries or health and welfare plan;

(c) (1) for the taxable year commencing after December 31, 1981, money, notes and other evidence of debt, to the extent of the tax liability hereinafter provided, which is owned by a person who has a disability or was 60 years of age or older on January 1 of the year in which an exemp- tion is claimed hereunder. The exemption allowable under this subsection shall be in an amount equal to the lesser of the following: (A) The amount of the tax liability on the first $3,000 of gross earnings from the money, notes and other evidence of debt; or (B) the amount of the tax liability on the first $3,000 of gross earnings from such money, notes and other evidence of debt reduced by the amount that the owner's income exceeds $12,500, including in such owner's income the income of such person's spouse, in the year next preceding that in which the exemption is claimed under this subsection. No person shall be eligible to claim an exemption hereunder in the same year in which such person's spouse has claimed an exemption hereunder. As used in this subsection, the terms ``income'' and ``disability'' shall have the meanings ascribed to them in K.S.A. 79- 4502, and amendments thereto; and (2) for all taxable years commencing after December 31, 1982, money, notes and other evidences of debt, to the extent of the tax liability hereinafter provided, which is owned by a person who has a disability or was 60 years of age or older on January 1 of the year in which an exemption is claimed hereunder. The exemption allowable under this subsection shall be in an amount equal to the lesser of the following: (A) The amount of the tax liability on the first $5,000 of gross earnings from the money, notes and other evidences of debt; or (B) the amount of the tax liability on the first $5,000 of gross earnings from said money, notes and other evidences of debt reduced by the amount that the owner's income exceeds $15,000, including in such owner's in- come the income of such person's spouse, in the year next preceding that in which the exemption is claimed under this subsection. No person shall be eligible to claim an exemption hereunder in the same year in which such person's spouse has claimed an exemption hereunder. As used in this subsection, the terms ``income'' and ``disability'' shall have the mean- ings ascribed to them in K.S.A. 79-4502, and amendments thereto;

(d) money, notes and other evidence of debt owned by any credit union, national banking association, state bank, trust company or federal or state-chartered savings and loan association;

(e) bonds or other evidence of indebtedness issued by the state, county, city, school district or other municipal or taxing subdivision of the state;

(f) except for distributions made from earnings or profits of any small business corporation, as defined by section 1371 of the internal revenue code as enacted in 1986 (26 U.S.C. 1371), accumulated by that corpo- ration prior to the time that it has made the election under section 1372 of the internal revenue code of 1986 (26 U.S.C. 1372), all earnings or profit distributed by any such small business corporation having such an election in effect to a person who was a shareholder of such corporation at the time of the distribution;

(g) for all taxable years commencing after December 31, 1982, notes, other than notes described in subsection (a), to the extent that such earn- ings are a reimbursement of interest paid on another note the proceeds of which was the source of funds for the first note;

(h) money, notes and other evidence of debt belonging exclusively to a hospital, as defined by K.S.A. 65-425 and amendments thereto, or a psychiatric hospital, as defined by K.S.A. 59-2902 and 65-425, and amend- ments thereto, as in effect on January 1, 1976, operated by a not-for- profit corporation, and used exclusively for hospital or psychiatric hospital purposes;

(i) money, notes and other evidence of debt belonging exclusively to an adult care home as defined by K.S.A. 39-923, and amendments thereto, operated by a not-for-profit corporation, and used exclusively for adult care home purposes;

(j) money, notes and other evidence of debt belonging exclusively to a private children's home as defined by K.S.A. 75-3329, and amendments thereto, operated by a not-for-profit corporation, and used exclusively for children's home purposes;

(k) money, notes and other evidence of debt belonging exclusively to a corporation organized not-for-profit which operates housing for elderly persons having a limited or low income, which property and the income therefrom is used exclusively for housing for such elderly persons;

(l) shares, shares of stock or other evidence of ownership of national banking associations, state banks and federal or state-chartered savings and loan associations located or doing business within the state and shares of stock or other evidence of ownership of corporations holding stock of a national banking association, state bank and federal or state-chartered savings and loan associations located or doing business in Kansas, to the extent the income of such corporation is attributable to dividends received on such stock; and

(m) shares of stock issued by a corporation classified as a regulated investment company under the provisions of the federal internal revenue code of 1986, as amended.

Sec. 44. K.S.A. 22-3305 is hereby amended to read as follows: 22- 3305. (1) Whenever involuntary commitment proceedings have been commenced by the secretary of social and rehabilitation services as re- quired by K.S.A. 22-3303 and amendments thereto, and the defendant is not committed to a treatment facility as a patient, the defendant shall remain in the institution where committed pursuant to K.S.A. 22-3303 and amendments thereto, and the secretary shall promptly notify the court and the county or district attorney of the county in which the crim- inal proceedings are pending of the result of the involuntary commitment proceeding.

(2) Whenever involuntary commitment proceedings have been com- menced by the secretary of social and rehabilitation services as required by K.S.A. 22-3303 and amendments thereto, and the defendant is com- mitted to a treatment facility as a patient but thereafter is to be discharged pursuant to the care and treatment act for mentally ill persons, the de- fendant shall remain in the institution where committed pursuant to K.S.A. 22-3303 and amendments thereto, and the head of the treatment facility shall promptly notify the court and the county or district attorney of the county in which the criminal proceedings are pending that the defendant is to be discharged.

When giving notification to the court and the county or district attorney pursuant to subsection (1) or (2), the treatment facility shall include in such notification an opinion from the head of the treatment facility as to whether or not the defendant is now competent to stand trial. Upon request of the county or district attorney, the court may set a hearing on the issue of whether or not the defendant has been restored to compe- tency. If no such request is made within 10 days after receipt of notice pursuant to subsection (1) or (2), the court shall order the defendant to be discharged from commitment and shall dismiss without prejudice the charges against the defendant, and the period of limitation for the pros- ecution for the crime charged shall not continue to run until the defen- dant has been determined to have attained competency in accordance with K.S.A. 22-3302 and amendments thereto.

Sec. 45. K.S.A. 22-3428 is hereby amended to read as follows: 22- 3428. (1) (a) When a defendant is acquitted and the jury answers in the affirmative to the special question asked pursuant to K.S.A. 22-3221 and amendments thereto, the defendant shall be committed to the state se- curity hospital for safekeeping and treatment. A finding of not guilty and the jury answering in the affirmative to the special question asked pur- suant to K.S.A. 22-3221 and amendments thereto, shall be prima facie evidence that the acquitted defendant is presently likely to cause harm to self or others.

(b) Within 90 days of the defendant's admission, the chief medical officer of the state security hospital shall send to the court a written evaluation report. Upon receipt of the report, the court shall set a hearing to determine whether or not the defendant is currently a mentally ill person. The hearing shall be held within 30 days after the receipt by the court of the chief medical officer's report.

(c) The court shall give notice of the hearing to the chief medical officer of the state security hospital, the district or county attorney, the defendant and the defendant's attorney. The court shall inform the de- fendant that such defendant is entitled to counsel and that counsel will be appointed to represent the defendant if the defendant is not financially able to employ an attorney as provided in K.S.A. 22-4503 et seq. and amendments thereto. The defendant shall remain at the state security hospital pending the hearing.

(d) At the hearing, the defendant shall have the right to present ev- idence and cross-examine witnesses. At the conclusion of the hearing, if the court finds by clear and convincing evidence that the defendant is not currently a mentally ill person, the court shall dismiss the criminal proceeding and discharge the defendant, otherwise the court may commit the defendant to the state security hospital for treatment or may place the defendant on conditional release pursuant to subsection (4).

(2) Subject to the provisions of subsection (3):

(a) Whenever it appears to the chief medical officer of the state se- curity hospital that a person committed under subsection (1)(d) is not likely to cause harm to other persons in a less restrictive hospital envi- ronment, the officer may transfer the person to any state hospital, subject to the provisions of subsection (3). At any time subsequent thereto during which such person is still committed to a state hospital, if the chief med- ical officer of that hospital finds that the person may be likely to cause harm or has caused harm, to others, such officer may transfer the person back to the state security hospital.

(b) Any person committed under subsection (1)(d) may be granted conditional release or discharge as an involuntary patient.

(3) Before transfer of a person from the state security hospital pur- suant to subsection (2)(a) or conditional release or discharge of a person pursuant to subsection (2)(b), the chief medical officer of the state se- curity hospital or the state hospital where the patient is under commit- ment shall give notice to the district court of the county from which the person was committed that transfer of the patient is proposed or that the patient is ready for proposed conditional release or discharge. Such notice shall include, but not be limited to: (a) Identification of the patient; (b) the course of treatment; (c) a current assessment of the defendant's men- tal illness; (d) recommendations for future treatment, if any; and (e) rec- ommendations regarding conditional release or discharge, if any. Upon receiving notice, the district court shall order that a hearing be held on the proposed transfer, conditional release or discharge. The court shall give notice of the hearing to the state hospital or state security hospital where the patient is under commitment and to the district or county attorney of the county from which the person was originally ordered com- mitted and shall order the involuntary patient to undergo a mental eval- uation by a person designated by the court. A copy of all orders of the court shall be sent to the involuntary patient and the patient's attorney. The report of the court ordered mental evaluation shall be given to the district or county attorney, the involuntary patient and the patient's at- torney at least five days prior to the hearing. The hearing shall be held within 30 days after the receipt by the court of the chief medical officer's notice. The involuntary patient shall remain in the state hospital or state security hospital where the patient is under commitment until the hearing on the proposed transfer, conditional release or discharge is to be held. At the hearing, the court shall receive all relevant evidence, including the written findings and recommendations of the chief medical officer of the state security hospital or the state hospital where the patient is under commitment, and shall determine whether the patient shall be trans- ferred to a less restrictive hospital environment or whether the patient shall be conditionally released or discharged. The patient shall have the right to present evidence at such hearing and to cross-examine any wit- nesses called by the district or county attorney. At the conclusion of the hearing, if the court finds by clear and convincing evidence that the pa- tient will not be likely to cause harm to self or others if transferred to a less restrictive hospital environment, the court shall order the patient transferred. If the court finds by clear and convincing evidence that the patient is not currently a mentally ill person, the court shall order the patient discharged or conditionally released otherwise, the court shall order the patient to remain in the state security hospital or state hospital where the patient is under commitment. If the court orders the condi- tional release of the patient in accordance with subsection (4), the court may order as an additional condition to the release that the patient con- tinue to take prescribed medication and report as directed to a person licensed to practice medicine and surgery to determine whether or not the patient is taking the medication or that the patient continue to receive periodic psychiatric or psychological treatment.

(4) In order to ensure the safety and welfare of a patient who is to be conditionally released and the citizenry of the state, the court may allow the patient to remain in custody at a facility under the supervision of the secretary of social and rehabilitation services for a period of time not to exceed 30 days in order to permit sufficient time for the secretary to prepare recommendations to the court for a suitable reentry program for the patient. The reentry program shall be specifically designed to facilitate the return of the patient to the community as a functioning, self- supporting citizen, and may include appropriate supportive provisions for assistance in establishing residency, securing gainful employment, un- dergoing needed vocational rehabilitation, receiving marital and family counseling, and such other outpatient services that appear beneficial. If a patient who is to be conditionally released will be residing in a county other than the county where the district court that ordered the conditional release is located, the court shall transfer venue of the case to the district court of the other county and send a copy of all of the court's records of the proceedings to the other court. In all cases of conditional release the court shall: (a) Order that the patient be placed under the temporary supervision of state parole and probation services, district court probation and parole services, community treatment facility or any appropriate pri- vate agency; and (b) require as a condition precedent to the release that the patient agree in writing to waive extradition in the event a warrant is issued pursuant to K.S.A. 22-3428b and amendments thereto.

(5) At any time during the conditional release period, a conditionally released patient, through the patient's attorney, or the county or district attorney of the county in which the district court having venue is located may file a motion for modification of the conditions of release, and the court shall hold an evidentiary hearing on the motion within 15 days of its filing. The court shall give notice of the time for the hearing to the patient and the county or district attorney. If the court finds from the evidence at the hearing that the conditional provisions of release should be modified or vacated, it shall so order. If at any time during the tran- sitional period the designated medical officer or supervisory personnel or the treatment facility informs the court that the patient is not satisfactorily complying with the provisions of the conditional release, the court, after a hearing for which notice has been given to the county or district attorney and the patient, may make orders: (a) For additional conditions of release designed to effect the ends of the reentry program, (b) requiring the county or district attorney to file an application a petition to determine whether the patient is a mentally ill person as provided in K.S.A. 59-2913 section 13 and amendments thereto, or (c) requiring that the patient be committed to the state security hospital or any state hospital. In cases where an application is ordered to be filed, the court shall proceed to hear and determine the application pursuant to the care and treatment act for mentally ill persons and that act shall apply to all subsequent proceedings. The costs of all proceedings, the mental evaluation and the reentry program authorized by this section shall be paid by the county from which the person was committed.

(6) In any case in which the defense that the defendant lacked the required mental state pursuant to K.S.A. 22-3220 is relied on, the court shall instruct the jury on the substance of this section.

(7) As used in this section and K.S.A. 22-3428a and amendments thereto:

(a) ``Likely to cause harm to self or others'' means that the person 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, or evidenced by behavior causing, attempting or threatening such injury, abuse or neglect.

(b) ``Mentally ill person'' means any person who:

(A) Is suffering from a severe mental disorder to the extent that such person is in need of treatment; and

(B) is likely to cause harm to self or others.

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

Sec. 46. K.S.A. 22-4503 is hereby amended to read as follows: 22- 4503. (a) A defendant charged by the state of Kansas in a complaint, information or indictment with any felony is entitled to have the assistance of counsel at every stage of the proceedings against such defendant and a defendant in an extradition proceeding, or a habeas corpus proceeding pursuant to K.S.A. 22-2710 and amendments thereto, is entitled to have assistance of counsel at such proceeding. A person subject to an order or commitment pursuant to K.S.A. 22-3428 or 59-2917 section 21 and amendments thereto, shall be entitled to the assistance of counsel at every stage of a habeas corpus proceeding brought by such person and the provisions of this section relating to defendants shall be applicable to such persons.

(b) If such a defendant appears before any court without counsel to assist and conduct the defendant's defense, it shall be the duty of the court to inform the defendant that such defendant is entitled to counsel and that counsel will be appointed to represent the defendant if the de- fendant is not financially able to employ an attorney. The court shall give the defendant an opportunity to employ counsel of the defendant's own choosing if the defendant states the defendant is able to do so. If the defendant asks to consult with counsel of the defendant's own choosing, the defendant shall be given a reasonable opportunity to do so.

(c) If it is determined that the defendant is not able to employ coun- sel, as provided in K.S.A. 22-4504 and amendments thereto, the court shall appoint an attorney from the panel for indigents' defense services or otherwise in accordance with the applicable system for providing legal defense services for indigent persons prescribed by the state board of indigents' defense services for the county or judicial district. A record of the proceedings provided for by this section shall be entered in the jour- nal, and any order binding the defendant for trial or directing further detention upon the charge and the journal entry of trial and judgment shall recite the substance of such proceedings.

(d) Counsel employed by or appointed for the defendant shall have free access to the defendant at all times for the purpose of conferring with the defendant relative to the charge, for advising the defendant re- specting the defendant's plea and for the preparation of the defense, if a defense is to be made. It is the duty of an attorney appointed by the court to represent a defendant, without charge to such defendant, to inform the defendant fully of the crime charged against the defendant and the penalty therefor, and in all respects fully and fairly to represent the de- fendant in the action.

(e) If, after the attorney's appointment, the attorney learns that the defendant has funds or other resources sufficient to enable the defendant to employ counsel, the attorney shall report these facts to the court and ask permission to withdraw from the case or to be permitted to accept compensation for services.

Sec. 47. K.S.A. 28-170 is hereby amended to read as follows: 28-170. (a) The docket fee prescribed by K.S.A. 60-2001 and amendments thereto shall be the only costs assessed for services of the clerk of the district court and the sheriff in any case filed under chapter 60 of the Kansas Statutes Annotated. For services in other matters in which no other fee is prescribed by statute, the following fees shall be charged and collected by the clerk. Only one fee shall be charged for each bond, lien or judg- ment:

1.   For filing, entering and releasing a bond, mechanic's lien, notice of
     intent to perform, personal property tax judgment or any judgment on which
     execution process cannot be issued               $5

2.   For filing, entering and releasing a judgment of a court of this state on
     which execution or other process can be issued               15

3.   For a certificate, or for copying or certifying any paper or writ, such fee
     as shall be prescribed by the district court.

(b) The fees for entries, certificates and other papers required in naturalization cases shall be those prescribed by the federal government and, when collected, shall be disbursed as prescribed by the federal gov- ernment. The clerk of the court shall remit to the state treasurer at least monthly all moneys received from fees prescribed by subsection (a) or (b) or received for any services performed which may be required by law. The state treasurer shall deposit the remittance in the state treasury and credit the entire amount to the state general fund.

(c) In actions pursuant to the Kansas code for care of children (K.S.A. 38-1501 et seq. and amendments thereto), the Kansas juvenile offenders code (K.S.A. 38-1601 et seq. and amendments thereto), the act for treat- ment of alcoholism (K.S.A. 65-4001 et seq. and amendments thereto), the act for treatment of drug abuse (K.S.A. 65-5201 et seq. and amendments thereto) or the care and treatment act for mentally ill persons (K.S.A. 59- 2901 section 1 et seq. and amendments thereto), the clerk shall charge an additional fee of $1 which shall be deducted from the docket fee and credited to the prosecuting attorneys' training fund as provided in K.S.A. 28-170a and amendments thereto.

(d) In actions pursuant to the Kansas code for care of children (K.S.A. 38-1501 et seq. and amendments thereto), the Kansas juvenile offenders code (K.S.A. 38-1601 et seq. and amendments thereto), the act for treat- ment of alcoholism (K.S.A. 65-4001 et seq. and amendments thereto), the act for treatment of drug abuse (K.S.A. 65-5201 et seq. and amendments thereto) or the care and treatment act for mentally ill persons (K.S.A. 59- 2901 section 1 et seq. and amendments thereto), the clerk shall charge an additional fee of $.50 which shall be deducted from the docket fee and credited to the indigents' defense services fund as provided in K.S.A. 28-172b and amendments thereto.

Sec. 48. K.S.A. 38-1505 is hereby amended to read as follows: 38- 1505. (a) Appointment of guardian ad litem; duties. Upon the filing of a petition the court shall appoint a person who is an attorney to serve as guardian ad litem for a child who is the subject of proceedings under this code. The guardian ad litem shall make an independent investigation of the facts upon which the petition is based and shall appear for and rep- resent the child.

(b) Attorney for parent or custodian. A parent or custodian of a child alleged or adjudged to be a child in need of care may be represented by an attorney, other than the guardian ad litem appointed for the child, in connection with all proceedings under this code. If at any stage of the proceedings a parent desires but is financially unable to employ an attor- ney, the court shall appoint an attorney for the parent. It shall not be necessary to appoint an attorney to represent a parent who fails or refuses to attend the hearing after having been properly served with process in accordance with K.S.A. 38-1534 and amendments thereto. A parent or custodian who is not a minor, a mentally ill person as defined in K.S.A. 59-2902 section 2 and amendments thereto or a disabled person as de- fined in K.S.A. 59-3002 and amendments thereto may waive counsel ei- ther in writing or on the record.

(c) Attorney for parent who is a minor, mentally ill or disabled. The court shall appoint an attorney for a parent who is a minor, a mentally ill person as defined in K.S.A. 59-2902 and amendments thereto or a disa- bled person as defined in K.S.A. 59-3002 and amendments thereto, unless the court determines that there is an attorney retained who will appear and represent the interests of the person in the proceedings under this code.

(d) Continuation of representation. A guardian ad litem appointed for a child or an attorney appointed for a parent or custodian shall continue to represent the client at all subsequent hearings in proceedings under this code, including any appellate proceedings, unless relieved by the court upon a showing of good cause or upon transfer of venue.

(e) Fees for counsel. A guardian ad litem or attorney appointed for parties to proceedings under this section shall be allowed a reasonable fee for their services, which may be assessed as an expense in the pro- ceedings as provided in K.S.A. 38-1511 and amendments thereto.

Sec. 49. K.S.A. 1995 Supp. 38-1513 is hereby amended to read as follows: 38-1513. (a) Physical or mental care and treatment. (1) When a child less than 18 years of age is alleged to have been sexually abused, no consent shall be required to medically examine the child to determine whether there has been sexual abuse.

(2) When the health or condition of a child who is a ward of the court requires it, the court may consent to the performing and furnishing of hospital, medical, surgical or dental treatment or procedures, including the release and inspection of medical or dental records. A child, or parent of any child, who is opposed to certain medical procedures authorized by this subsection may request an opportunity for a hearing thereon before the court. Subsequent to the hearing, the court may limit the performance of matters provided for in this subsection or may authorize the perform- ance of those matters subject to terms and conditions the court considers proper.

(3) Prior to adjudication the person having custody of the child may give consent to the following:

(A) Dental treatment for the child by a licensed dentist;

(B) diagnostic examinations of the child, including but not limited to the withdrawal of blood or other body fluids, x-rays and other laboratory examinations;

(C) releases and inspections of the child's medical history records;

(D) immunizations for the child;

(E) administration of lawfully prescribed drugs to the child; and

(F) examinations of the child including, but not limited to, the with- drawal of blood or other body fluids or tissues, for the purpose of deter- mining the child's parentage.

(4) When the court has granted legal custody of a child in a disposi- tional hearing to any agency, association or individual, the custodian or an agent designated by the custodian shall have authority to consent to the performance and furnishing of hospital, medical, surgical or dental treatment or procedures or mental care or treatment other than inpatient treatment at a state psychiatric hospital, including the release and in- spection of medical or hospital records, subject to terms and conditions the court considers proper.

(5) If a child is already in the custody of the secretary, the secretary may consent to the mental care and treatment of the child, without court approval, so long as such care and treatment do not include inpatient treatment at a state psychiatric hospital.

(6) Any health care provider who in good faith renders hospital, med- ical, surgical, mental or dental care or treatment to any child after a con- sent has been obtained as authorized by this section shall not be liable in any civil or criminal action for failure to obtain consent of a parent.

(7) Nothing in this section shall be construed to mean that any person shall be relieved of legal responsibility to provide care and support for a child.

(b) Mental care and treatment requiring court action. If it is brought to the court's attention, while the court is exercising jurisdiction over the person of a child under this code, that the child may be a mentally ill person as defined in K.S.A. 59-2902 section 2 and amendments thereto, the court may:

(1) Direct or authorize the county or district attorney or the person supplying the information to file the application petition provided for in K.S.A. 59-2913 section 13 and amendments thereto and proceed to hear and determine the issues raised by the application as provided in the care and treatment act for mentally ill persons; or

(2) authorize that the child seek voluntary admission to a treatment facility as provided in K.S.A. 59-2905 section 5 and amendments thereto.

The application to determine whether the child is a mentally ill person may be filed in the same proceedings as the petition alleging the child to be a child in need of care, or may be brought in separate proceedings. In either event the court may enter an order staying any further proceedings under this code until all proceedings have been concluded under the care and treatment act for mentally ill persons.

Sec. 50. K.S.A. 38-1614 is hereby amended to read as follows: 38- 1614. (a) Physical care and treatment. (1) When the health or condition of a juvenile who is subject to the jurisdiction of the court requires it, the court may consent to the performing and furnishing of hospital, medical, surgical or dental treatment or procedures including the release and in- spection of medical or dental records.

(2) When the health or condition of a juvenile requires it and the juvenile has been placed in the custody of a person other than a parent or placed in or committed to a facility, the custodian or an agent desig- nated by the custodian shall have authority to consent to the performance and furnishing of hospital, medical, surgical or dental treatment or pro- cedures including the release and inspection of medical or dental records, subject to terms and conditions the court considers proper. The provi- sions of this subsection shall also apply to juvenile felons, as defined in K.S.A. 38-16,112, and amendments thereto, who have been placed in a youth center pursuant to K.S.A. 75-5206, and amendments thereto.

(3) Any health care provider, who in good faith renders hospital, med- ical, surgical or dental care or treatment to any juvenile after a consent has been obtained as authorized by this section, shall not be liable in any civil or criminal action for failure to obtain consent of a parent.

(4) Nothing in this section shall be construed to mean that any person shall be relieved of legal responsibility to provide care and support for a juvenile.

(b) Mental care and treatment. If it is brought to the court's attention, while the court is exercising jurisdiction over the person of a juvenile under this code, that the juvenile may be a mentally ill person as defined in K.S.A. 59-2902, section 2 and amendments thereto, the court may:

(1) Direct or authorize the county or district attorney or the person supplying the information to file the application petition provided for in K.S.A. 59-2913, section 13 and amendments thereto, and proceed to hear and determine the issues raised by the application as provided in the care and treatment act for mentally ill persons; or

(2) authorize that the juvenile seek voluntary admission to a treat- ment facility as provided in K.S.A. 59-2905, section 5 and amendments thereto.

The application to determine whether the juvenile is a mentally ill person may be filed in the same proceedings as the petition alleging the juvenile to be a juvenile offender or may be brought in separate pro- ceedings. In either event, the court may enter an order staying any further proceedings under this code until all proceedings have been concluded under the care and treatment act for mentally ill persons.

Sec. 51. K.S.A. 39-1602 is hereby amended to read as follows: 39- 1602. As used in K.S.A. 39-1601 through 39-1612 and amendments thereto:

(a) ``Targeted population'' means the population group designated by rules and regulations of the secretary as most in need of mental health services which are funded, in whole or in part, by state or other public funding sources, which group shall include adults with severe and per- sistent mental illness, severely emotionally disturbed children and ado- lescents, and other individuals at risk of requiring institutional care.

(b) ``Community based mental health services'' includes, but is not limited to, evaluation and diagnosis, case management services, mental health inpatient and outpatient services, prescription and management of psychotropic medication, prevention, education, consultation, treatment and rehabilitation services, twenty-four-hour emergency services, and any facilities required therefor, which are provided within one or more local communities in order to provide a continuum of care and support services to enable mentally ill persons, including targeted population members, to function outside of inpatient institutions to the extent of their capabil- ities. Community based mental health services also include assistance in securing employment services, housing services, medical and dental care, and other support services.

(c) ``Mental health center'' means any community mental health cen- ter organized pursuant to the provisions of K.S.A. 19-4001 to 19-4015, inclusive, and amendments thereto, or mental health clinic organized pur- suant to the provisions of K.S.A. 65-211 to 65-215, inclusive, and amend- ments thereto, and licensed in accordance with the provisions of K.S.A. 75-3307b and amendments thereto.

(d) ``Secretary'' means the secretary of social and rehabilitation serv- ices.

(e) ``Department'' means the department of social and rehabilitation services.

(f) ``State psychiatric hospital'' means Osawatomie state hospital, Rainbow mental health facility, Topeka state hospital or Larned state hospital.

(g) ``Mental health reform phased program'' means the program in three phases for the implementation of mental health reform in Kansas as follows:

(1) The first phase covers the counties in the Osawatomie state hos- pital catchment area and is to commence on July 1, 1990, and is to be completed by June 30, 1994;

(2) the second phase covers the counties in the Topeka state hospital catchment area and is to commence on July 1, 1992, and is to be com- pleted by June 30, 1996; and

(3) the third phase covers the counties in the Larned state hospital catchment area and is to commence on July 1, 1993, and is to be com- pleted by June 30, 1997.

(h) ``Screening'' means the process performed by a participating com- munity mental health center, pursuant to a contract entered into with the secretary under K.S.A. 39-1610 and amendments thereto, to determine whether a person, under either voluntary or involuntary procedures, can be evaluated or treated, or can be both evaluated and treated, in the community or should be referred to the appropriate state psychiatric hos- pital for such treatment or evaluation or for both treatment and evalua- tion.

(i) ``Osawatomie state hospital catchment area'' means, except as oth- erwise defined by rules and regulations of the secretary adopted pursuant to K.S.A. 39-1613 and amendments thereto, the area composed of the following counties: Allen, Anderson, Atchison, Bourbon, Butler, Chau- tauqua, Cherokee, Cowley, Crawford, Elk, Franklin, Jefferson, Johnson, Labette, Leavenworth, Linn, Miami, Montgomery, Neosho, Wilson, Woodson and Wyandotte.

(j) ``Topeka state hospital catchment area'' means, except as otherwise defined by rules and regulations of the secretary adopted pursuant to K.S.A. 39-1613 and amendments thereto, the area composed of the fol- lowing counties: Brown, Chase, Clay, Cloud, Coffey, Dickinson, Don- iphan, Douglas, Ellsworth, Geary, Greenwood, Harvey, Jackson, Jewell, Lincoln, Lyon, Marion, Marshall, McPherson, Mitchell, Morris, Nemaha, Osage, Ottawa, Pottawatomie, Republic, Riley, Saline, Sedgwick, Shaw- nee, Wabaunsee and Washington.

(k) ``Larned state hospital catchment area'' means, except as other- wise defined by rules and regulations of the secretary adopted pursuant to K.S.A. 39-1613 and amendments thereto, the area composed of the following counties: Barber, Barton, Cheyenne, Clark, Comanche, De- catur, Edwards, Ellis, Finney, Ford, Gove, Graham, Grant, Gray, Gree- ley, Hamilton, Harper, Haskell, Hodgeman, Kearny, Kingman, Kiowa, Lane, Logan, Meade, Morton, Ness, Norton, Osborne, Pawnee, Phillips, Pratt, Rawlins, Reno, Rice, Rooks, Rush, Russell, Scott, Seward, Sheri- dan, Sherman, Smith, Stafford, Stanton, Stevens, Sumner, Thomas, Trego, Wallace and Wichita.

(l) ``Catchment area'' means the Osawatomie state hospital catchment area, the Topeka state hospital catchment area or the Larned state hos- pital catchment area.

(m) ``Participating mental health center'' means a mental health cen- ter which has entered into a contract with the secretary of social and rehabilitation services to provide screening, treatment and evaluation, court ordered evaluation and other treatment services pursuant to the care and treatment act for mentally ill persons, in keeping with the phased concept of the mental health reform act.

Sec. 52. K.S.A. 39-1610 is hereby amended to read as follows: 39- 1610. (a) Prior to January 1, 1991, for the Osawatomie state hospital catchment area, prior to July 1, 1992, for the Topeka state hospital catch- ment area and prior to July 1, 1993, for the Larned state hospital catch- ment area, the secretary shall enter into contracts with mental health centers so that there is a participating mental health center for each area of the state. Each participating mental health center entering into a con- tract with the secretary under this section shall provide screening, treat- ment and evaluation, court ordered evaluation and other treatment serv- ices pursuant to the care and treatment act for mentally ill persons.

(b) Subject to the provisions of this act and appropriations acts, the secretary shall administer and disburse funds to each mental health center for the coordination and provision of mental health services for all persons who are residents of the service delivery area of such mental health cen- ter.

(c) Subject to and in accordance with the provisions of this act and appropriations acts, the secretary shall undertake, in cooperation with participating mental health centers, the establishment and implementa- tion of the mental health reform phased program.

(1) Beginning with the Osawatomie state hospital catchment area, the secretary shall enter into contracts with participating mental health cen- ters to reduce the rated bed capacity of the Osawatomie state hospital as follows:

(A) One unit of 20 to 30 beds for adults shall be closed by June 30, 1991;

(B) by June 30, 1992, an additional unit or units comprising 20 to 30 beds shall be closed for adolescents; and

(C) by June 30, 1993, an additional unit or units comprising 20 to 30 adult beds shall be closed.

(2) For the Topeka state hospital catchment area, the secretary shall enter into contracts with participating mental health centers to reduce the rated bed capacity of Topeka state hospital as follows:

(A) One or more units comprising 20 to 30 adolescent beds shall be closed by June 30, 1993;

(B) an additional unit or units comprising 20 to 30 adult beds shall be closed by June 30, 1994; and

(C) an additional unit or units comprising 20 to 30 adult beds shall be closed by June 30, 1995.

(3) For the Larned state hospital catchment area, the secretary shall enter into contracts with participating mental health centers to reduce the rated bed capacity of Larned state hospital by closing one or more units comprising 20 to 30 adult beds in each of the fiscal years ending June 30, 1994, June 30, 1995, and June 30, 1996.

(d) The staff of each state psychiatric hospital and the staff of the participating mental health centers in the catchment area of the state psychiatric hospital shall develop and implement admission and discharge criteria for all patients. The provisions of this section shall be incorporated into all contracts entered into between the secretary and the participating mental health centers.

(e) A participating mental health center may expend funds received from the secretary to contract with a contracting agency for the purchase of administrative, financial and other nonclinical services from such con- tracting agency as may be needed to assist the participating mental health center to carry out the provisions of the contract entered into by the center with the secretary.

Sec. 53. K.S.A. 1995 Supp. 59-212 is hereby amended to read as follows: 59-212. (a) The following shall be kept by the court for proceed- ings under chapter 59 of the Kansas Statutes Annotated:

(1) An appearance docket, in which shall be listed under the name of the decedent, ward, conservatee, mentally ill person, or other person involved, all documents pertaining thereto and in the order filed, except that separate appearance dockets, not open to public inspection shall be kept for proceedings under the care and treatment act for mentally ill persons and adoptions. Such list shall show the nature of the document, the date of the filing thereof, shall give a reference to the volume and page of any other book or reference to microfilm in which any record shall have been made of such document, and shall state the charge, if any, therefor.

(2) A suitable general index, in which files pertaining to estates of decedents shall be indexed under the name of the decedent, those per- taining to guardianships under the name of the ward, those pertaining to conservatorships under the name of the conservatee, those pertaining to mentally ill persons under the name of such person, those pertaining to adoption of children under both the name and adopted name of the child. After the name of each file shall be shown the case number.

(b) Suitable permanent duplicate copies of the following, kept by the district court prior to the effective date of this act, may be disposed of at the discretion of the district court: (1) All wills admitted to probate; (2) all elections filed; (3) all letters of appointment issued; (4) all certificates of appointment filed; (5) all bonds filed; (6) all orders, judgments and decrees, including inheritance tax orders; (7) appearance docket sheets; (8) journals; (9) copies of journal entries of judgment; and (10) such other documents as the court may determine.

Sec. 54. K.S.A. 59-214 is hereby amended to read as follows: 59-214. The books and records of the district court involving proceedings pur- suant to chapter 59 of the Kansas Statutes Annotated shall be open to inspection by all persons at all times, except as provided in adoption pro- ceedings, in K.S.A. 59-2931 section 35 and amendments thereto or in K.S.A. 65-5601 to 65-5605, inclusive, and amendments thereto, as appli- cable. The court shall furnish a certified or authenticated copy of any document on file or of record which is open to public inspection, upon payment therefor. The court, in making certified or authenticated copies of letters of appointment, is authorized upon request to certify further whenever such is the fact, that the letters so certified stand unrevoked at the date of the certificate; and such certificate shall be prima facie evi- dence of such fact.

Sec. 55. K.S.A. 59-2212 is hereby amended to read as follows: 59- 2212. Trials and hearings in probate proceedings shall be by the court unless otherwise provided by law. The determination of any issue of fact or controverted matter on the hearing of any probate proceedings shall be in accordance with the rules of evidence provided for civil cases by the code of civil procedure, except as provided in the care and treatment act for mentally ill persons and the act for obtaining a guardian or con- servator, or both.

Sec. 56. K.S.A. 59-3002 is hereby amended to read as follows: 59- 3002. When used in the act for obtaining a guardian or conservator, or both:

(a) ``Disabled person'' means any adult person whose ability to re- ceive and evaluate information effectively or to communicate decisions, or both, is impaired to such an extent that the person lacks the capacity to manage such person's financial resources or, except for reason of in- digency, to meet essential requirements for such person's physical health or safety, or both. A person shall not be considered to be disabled or to lack capacity to meet the essential requirements for physical health or safety for the sole reason such person relies upon or is being furnished treatment by spiritual means through prayer, in lieu of medical treatment, in accordance with the tenets and practices of a recognized church or religious denomination of which such person is a member or adherent.

(b) ``Manage financial resources'' means those actions necessary to obtain, administer and dispose of real and personal property, intangible property, business property, benefits and income.

(c) ``Meet essential requirements for physical health or safety'' means those actions necessary to provide the health care, food, shelter, clothing, personal hygiene and other care without which serious physical injury or illness is more likely than not to occur.

(d) ``Guardian'' means an individual or a nonprofit corporation cer- tified in accordance with K.S.A. 59-3037 and amendments thereto which has been appointed by a court to act on behalf of a ward and possessed of some or all of the powers and duties set out in K.S.A. 59-3018 and amendments thereto. ``Guardian'' does not mean natural guardian unless specified.

(e) ``Natural guardian'' means both the father and mother of a minor if neither parent has been found to be a disabled person or had parental rights terminated by a court of competent jurisdiction. If either parent of a minor dies, has been found to be a disabled person or has had parental rights terminated by a court of competent jurisdiction, the other shall be the natural guardian.

(f) ``Conservator'' means an individual or a corporation who is ap- pointed by the court to act on behalf of a conservatee and who is possessed of some or all of the powers and duties set out in K.S.A. 59-3019 and amendments thereto.

(g) ``Minor'' means any person defined by K.S.A. 38-101 and amend- ments thereto as being within the period of minority.

(h) ``Proposed ward'' means a person for whom a petition for the appointment of a guardian pursuant to K.S.A. 59-3006 and amendments thereto has been filed.

(i) ``Proposed conservatee'' means a person for whom a petition for the appointment of a conservator pursuant to K.S.A. 59-3006 and amend- ments thereto has been filed.

(j) ``Ward'' means a person who has a guardian.

(k) ``Conservatee'' means a person who has a conservator.

(l) The terms defined in K.S.A. 59-2902 section 2 and amendments thereto have the meanings provided by that statute.

Sec. 57. K.S.A. 59-3010 is hereby amended to read as follows: 59- 3010. Upon the filing of the petition provided for in K.S.A. 59-3009 and amendments thereto:

(a) When the proposed ward or proposed conservatee is alleged to be a disabled person, the district court shall issue the following:

(1) An order fixing the time and place of the hearing on the petition. The time designated in the order shall in no event be earlier than seven days or later than 14 days after the date of the filing of the petition.

(2) An order that the proposed ward or proposed conservatee appear at the time and place of the hearing unless the court enters an order that the presence of the proposed ward or proposed conservatee is injurious to the welfare of the proposed ward or proposed conservatee. The court shall enter in the record of the proceedings the facts upon which the court has found that the presence of the proposed ward or proposed conservatee at the hearing would be injurious to such person's welfare. Notwithstanding the foregoing provisions of this subsection, if the pro- posed ward or proposed conservatee requests in writing to the court or to such person's attorney that such person be present at the hearing then such person's presence cannot be waived.

(3) An order appointing an attorney to represent the proposed ward or proposed conservatee at all stages of the proceedings. The court shall give preference, in the appointment of the attorney, to any attorney who has represented the proposed ward or proposed conservatee in other matters if the court has knowledge of the prior relationship. The proposed ward or proposed conservatee shall have the right to choose and to engage an attorney and, in such an event, the attorney appointed herein shall be relieved of all duties by the court.

(4) An order that the proposed ward or proposed conservatee shall appear at a time and place that is in the best interest of the proposed ward or proposed conservatee to consult with the court appointed attor- ney, which time shall be prior to the execution of the order for mental evaluation, if one is to be issued, unless an ex parte emergency custody order of protective custody provided for in K.S.A. 59-2912, section 14 and amendments thereto or a temporary custody order provided for in section 15 and amendments thereto, has been issued and detention of the pro- posed ward or proposed conservatee thereunder is in a place outside the jurisdiction of the court.

(5) A notice in the manner provided for in K.S.A. 59-3012 and amendments thereto.

(6) An order for mental evaluation. Such order may be served on the proposed ward or proposed conservatee at the same time or after notice is given. It shall be served in the manner provided for in K.S.A. 59-3012 and amendments thereto. It shall order the proposed ward or proposed conservatee to submit for a mental evaluation and to undergo such eval- uation at a general hospital or a psychiatric hospital, an institution within the department of social and rehabilitation services, mental health clinic, private psychiatrist, physician or psychologist designated by the court in the order. An institution within the department of social and rehabilitation services shall receive and evaluate any proposed ward or proposed con- servatee ordered evaluated therein. At the time designated by the court in the order, but in no event later than three days prior to the date of the hearing provided for in K.S.A. 59-3013 and amendments thereto, the examiner shall submit to the court a report, in writing, of the evaluation which report also shall be made available to counsel for the parties at least three days prior to such hearing. Such report shall state that the examiner has made an independent evaluation and examination of the proposed ward or proposed conservatee and shall state the results of the examination on the issue of whether the proposed ward or proposed con- servatee is a disabled person.

(b) When the proposed ward or proposed conservatee is alleged to be a minor, the court shall issue an order fixing the time and place of the hearing on the petition. If the petition is filed on behalf of the minor by such minor's next friend or by the natural guardian of the minor, the time of the hearing designated in the order may be forthwith and without notice, but in no event later than 14 days after the date of filing of the petition. In all other cases the time designated in the order shall in no event be earlier than seven days or later than 14 days after the date of the filing of the petition.

(c) When the proposed conservatee has been duly adjudged an in- capacitated person, a disabled person, an insane person or an incompetent person and a conservator or guardian of such person's estate has been appointed by any court of competent jurisdiction of any other state, the court, relying upon the petition which incorporates the duly authenticated transcript required by subsection (c) of K.S.A. 59-3009 and amendments thereto, shall issue an order fixing the time and place of the hearing, which hearing may be held immediately and without notice.

Sec. 58. K.S.A. 59-3013 is hereby amended to read as follows: 59- 3013. The hearing shall be held at the time and place specified in the court's order, unless an advancement or a continuance has been granted, and may be consolidated with the hearing provided for in K.S.A. 59-2917 section 21 and amendments thereto. The hearing shall be held to the court only, unless the court shall determine that it shall be held before a jury or unless the proposed ward or proposed conservatee shall, at least 48 hours prior to the time of the hearing, request in writing a hearing before a jury.

The jury, if one is ordered or requested, shall consist of six persons and shall be selected in the manner provided in K.S.A. 59-2917 section 21 and amendments thereto.

The petitioner and the proposed ward or proposed conservatee shall be afforded an opportunity to appear at the hearing, to testify and to present and cross-examine witnesses. All persons not necessary for the conduct of the proceedings may be excluded. The hearing shall be con- ducted in as informal a manner as may be consistent with orderly pro- cedure and in a physical setting not likely to have a harmful effect on the proposed ward or proposed conservatee. The court shall receive all rel- evant and material evidence which may be offered, including the testi- mony or written findings and recommendations of the hospital, clinic, physician or psychologist who has examined or evaluated the proposed ward or proposed conservatee and the testimony and written findings and recommendations of the investigators appointed pursuant to subsection (a)(1) of K.S.A. 59-3011 and amendments thereto. Such evidence shall not be privileged for the purpose of this hearing.

If the proposed conservatee has been duly adjudged an incapacitated person, a disabled person, an insane person or an incompetent person by any court of competent jurisdiction in any other state and a domiciliary conservator or guardian for the estate of such person has been appointed, and such facts have been established in accordance with subsection (c) of K.S.A. 59-3009 and amendments thereto, the court shall appoint a suitable ancillary conservator.

If, upon the completion of the hearing, the court or jury finds by clear and convincing evidence that the proposed ward or proposed conservatee is a disabled person in need of a guardian or conservator, or both, or if the court or jury finds that the proposed ward or proposed conservatee is a minor in need of a guardian or conservator, or both, the court shall make a finding as to what extent the disabled person is able to, and should be permitted to, make decisions which affect that person and the court shall specifically set forth such findings of fact in the court's order and pursuant to K.S.A. 59-3014 and amendments thereto shall appoint one or more suitable individuals or corporations as guardian or conservator, or both, of such disabled person.

If, upon the completion of the hearing, the court or jury finds that clear and convincing evidence that the proposed ward or proposed conservatee is a disabled person or a minor has not been shown, the court shall enter the finding in the record and the court by an appropriate order shall terminate the proceedings.

Sec. 59. K.S.A. 59-3018a is hereby amended to read as follows: 59- 3018a. (a) A guardian may file with the court a verified petition to place seeking authority to be able to admit the guardian's ward in to a treatment facility. Upon the filing of such petition, the court shall issue the following:

(1) An order fixing the time and place of the hearing on the petition. The time designated in the order shall in no event be earlier than seven days or later than 14 days after the date of the filing of the petition.

(2) An order that the ward appear at the time and place of the hearing unless the court enters an order that the presence of the ward would be injurious to the ward's welfare. The court shall enter in the record of the proceedings the facts upon which the court has found that the presence of the ward at the hearing would be injurious to the ward's welfare. Not- withstanding the foregoing provisions of this subsection, if the ward or the ward's attorney files with the court a written request that the ward be present at the hearing, the ward's presence cannot be waived.

(3) An order appointing an attorney to represent the ward at all stages of the proceedings. The court shall give preference, in the appointment of the attorney, to any attorney who has represented the ward in other matters if the court has knowledge of the prior relationship. The ward shall have the right to choose and to engage an attorney and, in that event, the attorney appointed by the court shall be relieved of all duties by the court.

(4) An order that the ward appear at the time and place that is in the best interest of the ward to consult with the court appointed attorney, which time shall be prior to the hearing on the petition.

(5) Notice in the manner provided by subsections (a)(1)(A) through (C), (a)(2) and (b) of K.S.A. 59-3012 and amendments thereto.

(b) At or after the filing of a petition pursuant to this section, the court may issue the following:

(1) An order for mental evaluation in the manner provided by sub- section (a)(6) of K.S.A. 59-3012 and amendments thereto.

(2) An order of continuance, for good cause shown, upon request of the petitioner, the ward or the ward's attorney.

(3) An order advancing the date of the hearing to as early a date as is practicable upon request of the ward or the ward's attorney.

(c) The hearing on a petition filed pursuant to this section shall be held at the time and place specified in the court's order unless an ad- vancement or continuance has been granted. The hearing shall be to the court only. The petitioner and the ward shall be afforded an opportunity to appear at the hearing, to testify and to present and cross-examine witnesses. All persons not necessary for the conduct of the hearing may be excluded. The hearing shall be conducted in as informal a manner as may be consistent with orderly procedure and in a physical setting not likely to have a harmful effect on the ward. The court shall receive all relevant and material evidence which may be offered, including the tes- timony or written findings and recommendations of the treatment facility, hospital, clinic, physician or psychologist who has examined or evaluated the ward. Such evidence shall not be privileged for the purpose of this hearing.

If, upon the completion of the hearing, the court finds by clear and convincing evidence that the criteria set out in subsection (h) of K.S.A. 59-2902 (e) of section 2 and amendments thereto or K.S.A. 76-12b03 and amendments thereto are met, and after a careful consideration of rea- sonable alternatives to placement treatment, the court may enter an order authorizing the guardian to admit the ward to an appropriate treatment facility. The order of the court granting such authority to the guardian as is appropriate, including continuing authority to readmit the ward to an appropriate treatment facility as may become necessary. Any such grant of continuing authority shall expire two years after the date of final discharge of the ward from such a treatment facility if the ward has not had to be readmitted to that type of a treatment facility during that two- year period of time. Thereafter any such grant of continuing authority may be renewed only after the filing of another petition in compliance with the provisions of this section. Any admission of the ward made pur- suant to such authority shall be subject to periodic review in the manner set out in K.S.A. 59-2919a section 25 and amendments thereto. For those wards who were admitted to a treatment facility prior to the effective date of this act, a hearing as set forth herein shall be held at the next annual review required by K.S.A. 59-3029 and amendments thereto, or within 30 days after such date, whichever is later.

(d) Except as otherwise provided by law, a ward may voluntarily con- sent to the ward's admission to a treatment facility if able and permitted to do so according to the court's findings of fact set forth in the court's order issued at the conclusion of the hearing on the petition for guardi- anship.

(e) This section shall be part of and supplemental to the act for ob- taining a guardian or conservator, or both.

Sec. 60. K.S.A. 1995 Supp. 65-5601 is hereby amended to read as follows: 65-5601. As used in K.S.A. 65-5601 to 65-5605, inclusive:

(a) ``Patient'' means a person who consults or is examined or inter- viewed by treatment personnel.

(b) ``Treatment personnel'' means any employee of a treatment fa- cility who receives a confidential communication from a patient while engaged in the diagnosis or treatment of a mental, alcoholic, drug de- pendency or emotional condition, if such communication was not in- tended to be disclosed to third persons.

(c) ``Ancillary personnel'' means any employee of a treatment facility who is not included in the definition of treatment personnel.

(d) ``Treatment facility'' means a community mental health center, community service provider, psychiatric hospital and state institution for the mentally retarded.

(e) ``Head of the treatment facility'' means the administrative director of a treatment facility or the designee of the administrative director.

(f) ``Community mental health center'' means a mental health clinic or community mental health center licensed under K.S.A. 75-3307b and amendments thereto.

(g) ``Psychiatric hospital'' means Larned state hospital, Osawatomie state hospital, Rainbow mental health facility, Topeka state hospital and hospitals licensed under K.S.A. 75-3307b and amendments thereto.

(h) ``State institution for the mentally retarded'' means Norton state hospital, Winfield state hospital and training center, Parsons state hospital and training center and the Kansas neurological institute.

(i) ``Community service provider'' means: (1) A community facility for the mentally retarded organized pursuant to the provisions of K.S.A. 19-4001 through 19-4015, and amendments thereto, and licensed in ac- cordance with the provisions of K.S.A. 75-3307b and amendments thereto; (2) community service provider as provided in the developmental disabilities reform act; or (3) a nonprofit corporation which provides serv- ices for the mentally retarded pursuant to a contract with a mental retar- dation governing board.

Sec. 61. K.S.A. 65-5603 is hereby amended to read as follows: 65- 5603. (a) The privilege established by K.S.A. 65-5602 and amendments thereto shall not extend to:

(1) Any communication relevant to an issue in proceedings to invol- untarily commit to treatment a patient for mental illness, alcoholism or drug dependency if the treatment personnel in the course of diagnosis or treatment has determined that the patient is in need of hospitalization;

(2) an order for examination of the mental, alcoholic, drug depend- ency or emotional condition of the patient which is entered by a judge, with respect to the particular purpose for which the examination is or- dered;

(3) any proceeding in which the patient relies upon any of the afore- mentioned conditions as an element of the patient's claim or defense, or, after the patient's death, in any proceeding in which any party relies upon any of the patient's conditions as an element of a claim or defense;

(4) any communication which forms the substance of information which the treatment personnel or the patient is required by law to report to a public official or to be recorded in a public office, unless the statute requiring the report or record specifically provides that the information shall not be disclosed;

(5) any information necessary for the emergency treatment of a pa- tient or former patient if the head of the treatment facility at which the patient is being treated or was treated states in writing the reasons for disclosure of the communication and makes such statement a part of the treatment or medical record of the patient;

(6) information relevant to protect a person who has been threatened with substantial physical harm by a patient during the course of treatment, when such person has been specifically identified by the patient, the treat- ment personnel believes there is substantial likelihood that the patient will act on such threat in the reasonable foreseeable future and the head of the treatment facility has concluded that notification should be given. The patient shall be notified that such information has been communi- cated;

(7) any information from a state psychiatric hospital to appropriate administrative staff of the department of corrections whenever patients have been administratively transferred to a state psychiatric hospital pur- suant to the provisions of K.S.A. 75-5209 and amendments thereto;

(8) any information to the patient or former patient, except that the head of the treatment facility at which the patient is being treated or was treated may refuse to disclose portions of such records if the head of the treatment facility states in writing that such disclosure will be injurious to the welfare of the patient or former patient;

(9) any information to any state or national accreditation, certification or licensing authority, or scholarly investigator, but the head of the treat- ment facility shall require, before such disclosure is made, a pledge that the name of any patient or former patient shall not be disclosed to any person not otherwise authorized by law to receive such information;

(10) any information to Kansas advocacy and protective services, inc. which concerns individuals who reside in a treatment facility and which is required by federal law and federal rules and regulations to be available pursuant to a federal grant-in-aid program;

(11) any information relevant to the collection of a bill for profes- sional services rendered by a treatment facility; or

(12) any information sought by a coroner serving under the laws of Kansas when such information is material to an investigation or proceed- ing conducted by the coroner in the performance of such coroner's official duties. Information obtained by a coroner under this provision shall be used for official purposes only and shall not be made public unless ad- mitted as evidence by a court or for purposes of performing the coroner's statutory duties; or

(13) any communication and information between or among treat- ment facilities regarding a proposed patient, patient or former patient for purposes of promoting continuity of care in between the state psychiatric hospital during treatment and in the community following discharge or conditional release hospitals and the community mental health centers; the proposed patient, patient, or former patient's consent shall not be necessary to share evaluation and treatment records between or among treatment facilities regarding a proposed patient, patient or former pa- tient; as used in this paragraph (13), ``proposed patient'' and ``patient'' shall have the meanings respectively ascribed thereto in K.S.A. 59-2902 section 2 and amendments thereto.; or

(14) the name, date of birth, date of death, name of any next of kin and place of residence of a deceased former patient when that information is sought as part of a genealogical study.

(b) The treatment personnel shall not disclose any information sub- ject to subsection (a)(3) unless a judge has entered an order finding that the patient has made such patient's condition an issue of the patient's claim or defense. The order shall indicate the parties to whom otherwise confidential information must be disclosed.

Sec. 62. K.S.A. 1995 Supp. 75-5209 is hereby amended to read as follows: 75-5209. The secretary of corrections may arrange for the transfer of an inmate for observation and diagnosis or treatment to other appro- priate state institutions with the prior consent of the administrators of the agencies. The administrator of such institution shall accept the transfer of such inmate unless such administrator shows that no facilities are avail- able for the accommodation of such inmate and shall have access to any case study, diagnosis or report of the Topeka correctional facility which relates to an inmate transferred to such institution. While the inmate is in another institution the inmate's sentence shall continue to run. When, in the judgment of the administrator of the institution to which an inmate has been transferred, the inmate has recovered from the condition which occasioned the transfer, the administrator shall provide for the inmate's return to the secretary, unless the inmate's sentence has expired.

The costs of transfer as well as the transportation of the inmate to the appropriate state institution shall be borne by the correctional institution from which such inmate is transferred. No inmate shall receive treatment at the state security hospital after expiration of the inmate's sentence. If the inmate shall be in need of continued treatment for mental illness at the expiration of the inmate's term of confinement, an application petition to obtain such treatment for the inmate shall be filed pursuant to the care and treatment act for mentally ill persons.

Any inmate transferred to the state security hospital pursuant to this section may correspond freely, without censorship, with any person, ex- cept that any such incoming correspondence or parcels may be opened and examined for the purpose of intercepting any items which the su- perintendent of such institution has declared to be contraband.

Sec. 63. K.S.A. 76-12a10 is hereby amended to read as follows: 76- 12a10. (a) Whenever medical information is requested relating to a pa- tient or former patient of any institution under the secretary of social and rehabilitation services, and the disclosure of such information is author- ized in accordance with K.S.A. 59-2931 section 25 and amendments thereto or in accordance with K.S.A. 1986 Supp. 65-5601 to 65-5605, inclusive, and amendments thereto, as applicable, the superintendent of the institution may authorize the release of a copy of a report of such information upon payment of any fees required under this section.

(b) The secretary of social and rehabilitation services shall specify the form or forms of release to be used for the purpose of this section and may specify public officers to which such information may be given with- out provision of a release or payment of fees, or both. The secretary of social and rehabilitation services shall adopt rules and regulations for the administration of this section and for establishment of fees to be charged for copies of reports of information under this section, and specifying when no fee shall be charged. The fees fixed for copies of reports of information shall be fixed by the secretary of social and rehabilitation services in amounts approved by the director of accounts and reports under K.S.A. 45-204 and amendments thereto.

(c) The superintendent of each institution shall remit all moneys re- ceived by or for the superintendent from fees and charges under this section to the state treasurer at least monthly. Upon receipt of each such remittance the state treasurer shall deposit the entire amount thereof in the state treasury and credit the same to the fee fund of the remitting institution. Nothing in this act shall be deemed to authorize remittances to be made less frequently than is authorized under K.S.A. 75-4215 and amendments thereto.

Sec. 64. K.S.A. 1995 Supp. 77-201 is hereby amended to read as follows: 77-201. In the construction of the statutes of this state the fol- lowing rules shall be observed, unless the construction would be incon- sistent with the manifest intent of the legislature or repugnant to the context of the statute:

First. The repeal of a statute does not revive a statute previously re- pealed, nor does the repeal affect any right which accrued, any duty im- posed, any penalty incurred or any proceeding commenced, under or by virtue of the statute repealed. The provisions of any statute, so far as they are the same as those of any prior statute, shall be construed as a contin- uation of the prior provisions and not as a new enactment.

Second. Words and phrases shall be construed according to the context and the approved usage of the language, but technical words and phrases, and other words and phrases that have acquired a peculiar and appro- priate meaning in law, shall be construed according to their peculiar and appropriate meanings.

Third. Words importing the singular number only may be extended to several persons or things, and words importing the plural number only may be applied to one person or thing. Words importing the masculine gender only may be extended to females.

Fourth. Words giving a joint authority to three or more public officers or other persons shall be construed as given that authority to a majority of them, unless it is otherwise expressed in the act giving the authority.

Fifth. ``Highway'' and ``road'' include public bridges and may be con- strued to be equivalent to ``county way,'' ``county road,'' ``common road,'' ``state road'' and ``territorial road.''

Sixth. ``Incompetent person'' includes disabled person as defined in K.S.A. 59-3002 and amendments thereto.

Seventh. ``Issue,'' as applied to the descent of estates, includes all the lawful lineal descendants of the ancestor.

Eighth. ``Land,'' ``real estate'' and ``real property'' include lands, tene- ments and hereditaments, and all rights to them and interest in them, equitable as well as legal.

Ninth. ``Personal property'' includes money, goods, chattels, evidences of debt and things in action.

Tenth. ``Property'' includes personal and real property.

Eleventh. ``Month'' means a calendar month, unless otherwise ex- pressed. ``Year'' alone, and also the abbreviation ``A.D.,'' is equivalent to the expression ``year of our Lord.''

Twelfth. ``Oath'' includes an affirmation in all cases where an affirma- tion may be substituted for an oath, and in similar cases ``swear'' includes affirm.

Thirteenth. ``Person'' may be extended to bodies politic and corporate.

Fourteenth. If the seal of a court or public office or officer is required by law to be affixed to any paper, ``seal'' includes an impression of the seal upon the paper alone, as well as upon wax or a wafer affixed to the paper. ``Seal'' also includes both a rubber stamp seal used with permanent ink and the word ``seal'' printed on court documents produced by com- puter systems, so that the seal may be legibly reproduced by photographic process.

Fifteenth. ``State,'' when applied to the different parts of the United States, includes the District of Columbia and the territories. ``United States'' may include that district and those territories.

Sixteenth. ``Town'' may mean a civil township, unless a different mean- ing is plainly intended.

Seventeenth. ``Will'' includes codicils.

Eighteenth. ``Written'' and ``in writing'' may include printing, engrav- ing, lithography and any other mode of representing words and letters, excepting those cases where the written signature or the mark of any person is required by law.

Nineteenth. ``Sheriff'' may be extended to any person performing the duties of the sheriff, either generally or in special cases.

Twentieth. ``Deed'' is applied to an instrument conveying lands but does not imply a sealed instrument. ``Bond'' and ``indenture'' do not nec- essarily imply a seal but in other respects mean the same kind of instru- ments as above. ``Undertaking'' means a promise or security in any form where required by law.

Twenty-first. ``Executor'' includes an administrator where the subject- matter applies to an administrator.

Twenty-second. Roman numerals and Arabic figures are to be taken as a part of the English language.

Twenty-third. ``Residence'' means the place which is adopted by a per- son as the person's place of habitation and to which, whenever the person is absent, the person has the intention of returning. When a person eats at one place and sleeps at another, the place where the person sleeps shall be considered the person's residence.

Twenty-fourth. ``Usual place of residence'' and ``usual place of abode,'' when applied to the service of any process or notice, means the place usually occupied by a person. If a person has no family, or does not have family with the person, the person's office or place of business or, if the person has no place of business, the room or place where the person usually sleeps shall be construed to be the person's place of residence or abode.

Twenty-fifth. ``Householder'' means a person who is 18 or more years of age and who owns or occupies a house as a place of residence and not as a boarder or lodger.

Twenty-sixth. ``General election'' refers to the election required to be held on the Tuesday following the first Monday in November of each even-numbered year.

Twenty-seventh. ``Under legal disability'' includes persons who are within the period of minority, incapacitated or imprisoned.

Twenty-eighth. When a person is required to be disinterested or in- different in acting on any question or matter affecting other parties, re- lationship within the degree of second cousin, inclusive, shall disqualify the person from acting, except by consent of parties.

Twenty-ninth. ``Head of a family'' shall include any person who has charge of children, relatives or others living with the person.

Thirtieth. ``Mentally ill person'' means a mentally ill person as defined in K.S.A. 59-2902 section 2 and amendments thereto.

Thirty-first. ``Incapacitated person'' means disabled person as defined in K.S.A. 59-3002 and amendments thereto.

Thirty-second. ``Guardian'' means an individual or a nonprofit corpo- ration certified in accordance with K.S.A. 59-3037 and amendments thereto which has been appointed by a court to act on behalf of a ward and possessed of some or all of the powers and duties set out in K.S.A. 59-3018 and amendments thereto. ``Guardian'' does not mean natural guardian unless specified.

Thirty-third. ``Natural guardian'' means both the father and mother of a minor if neither parent has been found to be a disabled person or had parental rights terminated by a court of competent jurisdiction. If either parent of a minor dies, is found to be a disabled person or has had parental rights terminated by a court of competent jurisdiction, the other shall be the natural guardian.

Thirty-fourth. ``Conservator'' means an individual or corporation ap- pointed by the court to act on behalf of a conservatee and possessed of some or all of the powers and duties set out in K.S.A. 59-3019 and amend- ments thereto.

Thirty-fifth. ``Minor'' means any person defined by K.S.A. 38-101 and amendments thereto as being within the period of minority.

Thirty-sixth. ``Proposed ward'' means a person for whom an application for the appointment of a guardian pursuant to K.S.A. 59-3006 and amend- ments thereto has been filed.

Thirty-seventh. ``Proposed conservatee'' means a person for whom a petition for the appointment of a conservator pursuant to K.S.A. 59-3006 and amendments thereto has been filed.

Thirty-eighth. ``Ward'' means a person who has a guardian.

Thirty-ninth. ``Conservatee'' means a person who has a conservator.

Fortieth. ``Manufactured home'' means a structure which:

(1) Is transportable in one or more sections which, in the traveling mode, is 8 body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling, with or without permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical sys- tems contained therein; and

(2) is subject to the federal manufactured home construction and safety standards established pursuant to 42 U.S.C. (section) 5403.

Forty-first. ``Mobile home'' means a structure which:

(1) Is transportable in one or more sections which, in the traveling mode, is 8 body feet or more in width and 36 body feet or more in length and is built on a permanent chassis and designed to be used as a dwelling, with or without a permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air conditioning and elec- trical systems contained therein; and

(2) is not subject to the federal manufactured home construction and safety standards established pursuant to 42 U.S.C. (section) 5403.

Sec. 65. K.S.A. 22-3305, 22-3428, 22-4503, 28-170, 38-1505, 38- 1614, 39-1602, 39-1610, 59-214, 59-2212, 59-2901, 59-2902, 59-2903, 59- 2905, 59-2906, 59-2907, 59-2908, 59-2909, 59-2910, 59-2911, 59-2912, 59-2913, 59-2914, 59-2914a, 59-2916, 59-2916a, 59-2917, 59-2918, 59-2918a, 59-2919, 59-2919a, 59-2920, 59-2922, 59-2924, 59-2925, 59- 2926, 59-2927, 59-2927a, 59-2928, 59-2929, 59-2930, 59-2931, 59-2932, 59-2933, 59-2934, 59-2936, 59-2937, 59-2938, 59-2939, 59-2940, 59- 2941, 59-2943 and 59-2944. 59-3002, 59-3010, 59-3013, 59-3018a, 65- 5603 and 76-12a10 and K.S.A. 1995 Supp. 12-1,109, 38-1513, 59-212, 65- 5601, 75-5209 and 77-201 are hereby repealed.

Sec. 66. This act shall take effect and be in force from and after its publication in the Kansas register.

Approved April 14, 1996.

Published in the Kansas Register: April 18, 1996.