CHAPTER 134 SENATE BILL No. 536
      An Act concerning civil commitment; enacting the care and treatment act for persons with
      an alcohol or substance abuse problem; concerning the care and treatment act for men-
      tally ill persons; amending K.S.A. 1997 Supp. 59-2952, 59-2953, 59-2954, 59-2955, 59-
      2957, 59-2958, 59-2961, 59-2963, 59-2964, 59-2966, 59-2967, 59-2969 and 59-2972 and
      repealing the existing sections; also repealing K.S.A. 65-4034, 65-4039, 65-4046, 65-
      4047, 65-4051, 65-4052, 65-4053, 65-4055, 60-4057, 65-4058, 65-5203, 65-5207, 65-
      5209, 65-5214, 65-5221, 65-5222, 65-5226, 65-5227, 65-5228, 65-5230, 65-5231, 65-
      5232 and 65-5233 and K.S.A. 1997 Supp. 59-2946a, 59-2985, 59-2986, 65-4003, 65-
      4025, 65-4026, 65-4027, 65-4028, 65-4030, 65-4031, 65-4032, 65-4033, 60-4035, 65-
      4036, 65-4037, 65-4038, 65-4040, 65-4041, 65-4042, 65-4043, 65-4044, 65-4045, 65-
      4048, 65-4049, 65-4050, 65-4054, 65-5201, 65-5202, 65-5204, 65-5205, 65-5206, 65-
      5208, 65-5210, 65-5211, 65-5212, 65-5213, 65-5215, 65-5216, 65-5217, 65-5218, 65-
      5219, 65-5220, 65-5223, 65-5224, 65-5225 and 65-5229.

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

New Section 1. The provisions of sections 1 through 38 and amend-
ments thereto shall be known and may be cited as the care and treatment
act for persons with an alcohol or substance abuse problem.

New Sec. 2. When used in the care and treatment act for persons
with an alcohol or substance abuse problem:

(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 27 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) ``Other facility for care or treatment'' means any mental health
clinic, medical care facility, nursing home, the detox units at either Osa-
watomie state hospital or Larned state hospital, any physician or any other
institution or individual authorized or licensed by law to give care or
treatment to any person.

(e) ``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 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.

(f) ``Person with an alcohol or substance abuse problem'' means a
person who: (1) Lacks self-control as to the use of alcoholic beverages or
any substance as defined in subsection (k); or

(2) uses alcoholic beverages or any substance as defined in subsection
(k) to the extent that the person's health may be substantially impaired
or endangered without treatment.

(g) (1) ``Person with an alcohol or substance abuse problem subject
to involuntary commitment for care and treatment'' means a person with
an alcohol or substance abuse problem, as defined in subsection (f), who
also is incapacitated by alcohol or any substance and is likely to cause
harm to self or others.

(2) ``Incapacitated by alcohol or any substance'' means that the per-
son, as the result of the use of alcohol or any substance as defined in
subsection (k), has impaired judgment resulting in the person: (A) Being
incapable of realizing and making a rational decision with respect to the
need for treatment; or

(B) lacking sufficient understanding or capability to make or com-
municate responsible decisions concerning either the person's well-being
or estate.

(3) ``Likely to cause harm to self or others'' means that the person,
by reason of the person's use of alcohol or any substance: (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 prop-
erty, as evidenced by behavior threatening, attempting or causing such
injury, abuse or damage; except that if the harm threatened, attempted
or caused is only harm to the property of another, the harm must be of
such a value and extent that the state's interest in protecting the property
from such harm outweighs the person's interest in personal liberty; or

(B) 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.

(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) ``State certified alcohol and drug abuse counselor'' means a person
approved by the secretary of social and rehabilitation services to perform
assessments using the American Society of Addiction Medicine criteria
and employed at a state funded and designated assessment center.

(k) ``Substance'' means: (1) The same as the term ``controlled sub-
stance'' as defined in K.S.A. 65-4101 and amendments thereto; or

(2) fluorocarbons, toluene or volatile hydrocarbon solvents.

(1) ``Treatment'' means the broad range of emergency, outpatient,
intermediate and inpatient services and care, including diagnostic evalu-
ation, medical, psychiatric, psychological and social service care, voca-
tional rehabilitation and career counseling, which may be extended to
persons with an alcohol or substance abuse problem.

(m) (1) ``Treatment facility'' means a public or private treatment fa-
cility, or any facility of the United States government available to treat a
person for an alcohol or other substance abuse problem, but such term
shall not include a licensed medical care facility, a licensed adult care
home, a facility licensed under K.S.A. 75-3307b and amendments thereto,
a community-based alcohol and drug safety action program certified un-
der K.S.A. 8-1008 and amendments thereto, and performing only those
functions for which the program is certified to perform under K.S.A. 8-
1008 and amendments thereto, or a psychologist or physician, who may
treat in the usual course of the psychologist's or physician's professional
practice individuals incapacitated by alcohol or other substances, but who
are not exclusively engaged in the usual course of the individual's profes-
sional practice in treating such individuals, or any state institution, even
if detoxification services may have been obtained at such institution.

(2) ``Private treatment facility'' means a private agency providing fa-
cilities for the care and treatment or lodging of persons with either an
alcohol or other substance abuse problem and meeting the standards
prescribed in either K.S.A. 65-4013 or K.S.A. 65-4603 and amendments
thereto, and licensed under either K.S.A. 65-4014 or K.S.A. 65-4607 and
amendments thereto.

(3) ``Public treatment facility'' means a treatment facility owned and
operated by any political subdivision of the state of Kansas and licensed
under either K.S.A. 65-4014 or K.S.A. 65-4603 and amendments thereto,
as an appropriate place for the care and treatment or lodging of persons
with an alcohol or other substance abuse problem.

(n) 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 treatment for an alcohol or substance abuse problem, 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 per-
son 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 person with an alcohol or substance abuse problem
may be admitted to a treatment facility as a voluntary patient when there
are available accommodations and the head of the treatment facility de-
termines such person is in need of treatment therein, and that the person
has the capacity to consent to treatment.

(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 treatment facility, the head
of the treatment facility may require a statement from the patient's at-
tending physician or from the local health officer of the area in which the
patient resides confirming that the patient is in need of treatment for an
alcohol or substance abuse problem in a treatment facility before ac-
cepting 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 32 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.

(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 now lacks capacity to make
an informed decision concerning treatment and who is refusing reason-
able treatment efforts or has requested discharge from the treatment
facility.

New Sec. 9. (a) Any law enforcement officer who has a reasonable
belief formed upon investigation that a person may be a person with an
alcohol or substance abuse problem subject to involuntary commitment
and 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 or other facility for care or
treatment where the person shall be examined by a physician or psy-
chologist on duty at the facility. If no physician or psychologist is on duty
at the time the person is transported to the facility, the person shall be
examined within a reasonable time not to exceed 17 hours. If a written
statement is made by the physician or psychologist at the facility that after
preliminary examination the physician or psychologist believes the person
likely to be a person with an alcohol or substance abuse problem subject
to involuntary commitment for care and treatment and is likely to cause
harm to self or others if allowed to remain at liberty, and if the facility is
a treatment facility and is willing to admit the person, the law enforcement
officer shall present to that treatment facility the application provided for
in subsection (b) of section 10 and amendments thereto. If the physician
or psychologist on duty at the facility does not believe the person likely
to be a person with an alcohol or substance abuse problem subject to
involuntary commitment for care and treatment, 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 imme-
diately 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 facility states that,
in the physician's or psychologist's opinion, the person is likely to be a
person with an alcohol or substance abuse problem subject to involuntary
commitment for care and treatment but the facility is unwilling or is an
inappropriate place to which to admit the person, the facility shall nev-
ertheless provide a suitable place at 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 l3 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 pursuant to this subsection
in a nonmedical facility used for the detention of persons charged with
or convicted of a crime unless no other suitable facility at which such
person may be detained is willing to accept the person.

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 or the detox unit at Osawatomie state hospital
or at Larned state hospital 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. 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 or may be a person with an
alcohol or substance abuse problem subject to involuntary commitment
for care and treatment and 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, whose name shall be stated in the appli-
cation 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. 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 may be a person with an
alcohol or substance abuse problem subject to involuntary commitment
and 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) the application shall also be accompanied by a statement in writ-
ing of a physician, psychologist or state certified alcohol and drug abuse
counselor finding that the person is likely to be a person with an alcohol
or substance abuse problem subject to involuntary commitment for care
and treatment under this act.

(d) Any treatment facility or personnel thereof, who in good faith
renders treatment in accordance with law to any person admitted pur-
suant 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
consent.

New Sec. 11. (a) Whenever any person is involuntarily admitted to
or detained at a facility pursuant to subsection (b) or (c) of section 10 and
amendments thereto, or pursuant to an ex parte emergency custody order
issued pursuant to section 14 and amendments thereto, the head of the
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 subsection (b)
or any combination thereof. If the person desires to make such contact,
the head of the facility shall make available to the person reasonable
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 facility also shall provide notice to the patient's immediate 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 ad-
mission; and

(3) immediately advise the person in custody of such person's rights
provided for in section 32 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. 12. The head of the facility shall discharge any person ad-
mitted 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. 13. (a) A verified petition to determine whether or not a
person is a person with an alcohol or substance abuse problem 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.

(b) The petition shall state:

(1) The petitioner's belief that the named person is a person with an
alcohol or substance abuse problem 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 person with an
alcohol or substance abuse problem 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;

(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; and

(8) the name and address of the treatment facility to which the pe-
titioner recommends that the proposed patient be sent for treatment if
the proposed patient is found to be a person with an alcohol or substance
abuse problem subject to involuntary commitment for care and treatment
under this act, or if the petitioner is not able to recommend a treatment
facility to the court, then that fact and that the secretary of social and
rehabilitation services has been notified and requested to determine
which treatment facility the proposed patient should be sent to.

(c) The petition shall be accompanied by:

(1) A signed certificate from a physician, psychologist or state certi-
fied alcohol and substance abuse counselor 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
person with an alcohol or substance abuse problem subject to involuntary
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,
psychologist or state certified alcohol and substance abuse counselor, but
that the person failed to cooperate to such an extent that the examination
was impossible to conduct;

(2) a statement of consent to the admission of the proposed patient
to the treatment facility named by the petitioner pursuant to subsection
(b)(8) signed by the head of that treatment facility or other documentation
which shows the willingness of the treatment facility to admitting the
proposed patient for care and treatment; 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 psychologist that the
person was admitted as a voluntary patient but now lacks capacity to make
an informed decision concerning treatment and is refusing reasonable
treatment efforts, and including a description of the treatment efforts
being refused.

(d) 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; and

(3) if applicable, because detention is requested in a facility other
than the detox unit at either Osawatomie state hospital or at Larned state
hospital, a statement that the facility is willing to accept and detain such
person.

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

New Sec. 14. (a) At the time the petition for the determination of
whether a person is a person with an alcohol or substance abuse problem
subject to involuntary commitment for care and treatment is filed, or any
time thereafter prior to the trial upon the petition as provided for in
section 21 and amendments thereto, the petitioner may request in writing
that the district court issue an ex parte emergency order including 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; or (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 cus-
tody order shall expire.

(b) No ex parte emergency custody order shall provide for the de-
tention of any person in a nonmedical facility used for the detention of
persons charged with or convicted of a crime unless no other suitable
facility at which such person may be detained is willing to accept the
person.

(c) 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.

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

(e) 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. 15. (a) At the time that the petition for determination of
whether a person is a person with an alcohol or substance abuse problem
is filed, or any time thereafter prior to the trial upon the petition as
provided for in section 21 and amendments thereto, the petitioner 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 person with an alcohol or substance
abuse problem subject to involuntary 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 person with an alcohol or sub-
stance abuse problem 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 person with an alcohol or substance
abuse problem subject to involuntary commitment for care and treatment
under this act, but that it would not be in the person's 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;
and

(3) there is not probable cause to believe that the person with respect
to whom the request has been filed is a person with an alcohol or sub-
stance abuse problem 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 of any
person in a nonmedical facility used for the detention of persons charged
with or convicted of a crime unless no other suitable facility at which such
person may be detained is willing to accept the person.

New Sec. 16. (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 seven 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 an 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 de-
termination of the need for a legal guardian or conservator, or both, to
act on behalf of the proposed patient. For these purposes, the trials re-
quired by section 21 and K.S.A. 59-3013 and amendments thereto, may
be consolidated.

(8) If the petitioner shall not have named a proposed treatment fa-
cility to which the proposed patient may be sent as provided for subsec-
tion (b)(8) of section l3 and amendments thereto, but instead stated that
the secretary of social and rehabilitation services has been notified and
requested to determine which treatment facility the proposed patient
should be sent to, then the court shall issue an order requiring the sec-
retary, or the secretary's designee, to make that determination and to
notify the court of the name and address of that treatment facility by such
time as the court shall specify in the court's order.

(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 seven 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 is absent 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 concerned.

New Sec. 17. (a) The order for an evaluation required by subsection
(a)(5) of section 16 and amendments thereto, shall be served in the man-
ner provided for in a subsections (c) and (d) of section 19 and amend-
ments thereto. It shall order the proposed patient to submit to an eval-
uation to be conducted by a physician, psychologist or state certified
alcohol and drug abuse counselor and to undergo such other medical
examinations or evaluations as may be designated 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 evaluations or examinations until that hearing
has been held and the court finds that there is probable cause to believe
that the proposed patient is a person with an alcohol or substance abuse
problem subject to involuntary commitment for care and treatment under
this act. The evaluation 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.

(b) At the time designated by the court in the order, but in no event
later than three days prior to the date of the trial 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 three days prior to the trial. 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 person
with an alcohol or substance abuse problem subject to involuntary com-
mitment for care and treatment under this act and the examiner's opinion
as to the least restrictive treatment alternative which will protect the pro-
posed patient and others and allow for the improvement of the proposed
patient if treatment is ordered.

New Sec. 18. 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 person with an alcohol or substance abuse
problem subject to involuntary commitment for care and treatment under
this act. If the court determines from the evidence that there is probable
cause to believe that the proposed patient is a person with an alcohol or
substance abuse problem subject to involuntary commitment, the court
shall issue the order for an 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.

(b) The notice shall state:

(1) That a petition has been filed, alleging that the proposed patient
is a person with an alcohol or substance abuse problem subject to invol-
untary commitment for care and treatment under this 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 shall 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 treatment facility where the proposed patient is
being detained 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 treated at a state psychiatric
hospital pursuant to any provision of K.S.A. 59-2945 et seq. and amend-
ments thereto;

(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 six days prior to the date of the trial,
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 three
months 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
treatment to a designated treatment facility for a specified period of time
not to exceed three months from the date the request is signed by the
patient. An order of referral for short-term treatment shall be conditioned
upon the consent of the head of that treatment facility to accepting the
patient. 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 explained to the patient the nature of an order of referral and the
right of the patient to have the further proceedings conducted as sched-
uled.

(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 a copy of the
court's order shall be given to the patient, to the attorney representing
the patient, the petitioner 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 appropriate, the head of the treatment facility to which the
patient is being referred, and such other persons as the court directs. Any
trial so continued 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 four 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 six persons. The jury
panel shall be selected as provided by law. Notwithstanding the provision
within K.S.A. 43-166 and amendments thereto otherwise, a panel of pro-
spective 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 three names so as to reach the jury of six 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 person with an alcohol or substance abuse
problem 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 person with an alcohol or substance abuse problem subject to invol-
untary commitment for care and treatment under this act, the court shall
order treatment for such person for a specified period of time not to
exceed three months from the date of the trial at a treatment facility. An
order for treatment in a treatment facility shall be conditioned upon the
consent of the head of that treatment facility to accepting the patient. In
the event no appropriate treatment facility has agreed to provide treat-
ment for the patient, then the secretary of social and rehabilitation serv-
ices shall be given responsibility for providing or securing treatment for
the patient.

(b) A copy of the order for treatment shall be provided to the head
of the treatment facility.

(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 26 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 person with an alcohol or substance abuse prob-
lem subject to involuntary commitment 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.

(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 subsection
(a) of section 22 or subsection (f) of section 24 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 sent 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 material
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. 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 taking of a patient into custody pursuant to an ex
parte emergency custody order revoking 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 patient
is taken into custody. 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 treat-
ment 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, or may modify the order for outpatient treatment with differ-
ent terms and conditions in accordance with this section.

(h) The outpatient treatment facility shall comply with the provisions
of section 24 and amendments thereto concerning the filing of written
reports for each period of treatment during the time any outpatient treat-
ment order is in effect and the court shall receive and process such reports
in the same manner as reports received from an inpatient treatment fa-
cility.

New Sec. 24. (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 cause to
be filed with the court a written report summarizing the treatment pro-
vided and the findings and recommendations of the treatment facility
concerning the need for further treatment for the patient. Upon the filing
of this written report, the court shall notify the patient's attorney of record
that this written report has been filed. If there is no attorney of record
for the patient, the court shall appoint an attorney and notify such attor-
ney that the written report has been filed.

(b) When the attorney for the patient has received notice that the
treatment facility has filed with the district court its written report, the
attorney shall consult with the patient to determine whether the patient
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 last day ending any period of treatment as
specified in the court's order for treatment issued pursuant to section 22
or 23, and amendments thereto, or the court's last entered order for
continued treatment issued pursuant to subsection (f). 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 treatment and may specify the next period of
treatment as provided for in subsection (f). A copy of the court's order
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 appro-
priate, 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 promptly 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 fa-
cility pursuant to section 27 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), if the court determines that a material change of circum-
stances has occurred necessitating an earlier hearing, however, the patient
shall not be entitled to have more than one hearing within each period
of treatment as specified in any order for treatment, order for outpatient
treatment or order for continued treatment.

(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 person with an alcohol or substance abuse problem subject to invol-
untary 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 person with an
alcohol or substance abuse problem subject to involuntary commitment
for care and treatment under this act, the court shall order continued
treatment for a specified period of time not to exceed three months for
any initial order for continued treatment, nor more than six months in
any subsequent order for 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 treat-
ment 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 con-
vincing evidence that the patient continues to be a person with an alcohol
or substance abuse problem 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 inter-
ested 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. 25. 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. 26. (a) At any time after the petition provided for in section
13 and amendments thereto has been filed venue may be transferred in
accordance with this section.

(1) Prior to trial required by section 21 and amendments thereto.
Before 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 of 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. 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 an order changing venue is issued, the district court issuing the
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.

(2) After the trial required by section 21 and amendments thereto,
the district court may on its own motion or upon the written request of
any person transfer venue to another district court for good cause shown.
When an order changing venue is issued, the district court issuing the
order shall immediately send to the district court to which venue is
changed a facsimile of the petition for determination of whether a person
is a person with an alcohol or substance abuse problem subject to invol-
untary commitment for care and treatment, the most recent notice of
hearing issued by the court, the order changing venue, the current order
of treatment, the most recent written report summarizing treatment and
any order allowing withdrawal of the patient's attorney. The transferring
district court shall also immediately send a facsimile of the order trans-
ferring venue to the treatment facility where the patient is being detained,
evaluated or treated. No later than 5:00 p.m. of the second full day the
district court transferring venue is open for business following the issu-
ance of the order transferring venue, the district court transferring venue
shall send to the receiving district court the entire file of the case by
restricted mail.

(b) The district court issuing an order transferring venue, 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 state-
ment of any court costs incurred by the county of the district court issuing
the order and, if the county of residence is not the receiving county, a
certified copy of all pleadings and orders in the case.

(c) 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.

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

New Sec. 27. (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.

(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. 28. 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 27 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. 29. 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. 30. (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 alcohol or substance abuse 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 such treatment, and after full explanation of the
benefits and risks of such medication continues their objection, the med-
ication 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 32 and amendments thereto.

New Sec. 31. (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) 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;

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

(3) 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. 32. (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. 33. (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) 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. 34. 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. 35. 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, 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
services 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 person with an alcohol or
substance abuse problem 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 sec-
retary of social and rehabilitation services who shall determine the ques-
tion 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 in this section. 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 ap-
plicable 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 proceedings in which such
costs were incurred were instituted without probable cause and not in
good faith.

New Sec. 36. 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. 37. Nothing in this act shall be construed to apply to any
person alleged or thought to be a person with an alcohol or substance
abuse problem 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 attorney or trial court.

New Sec. 38. 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.

Sec. 39. K.S.A. 1997 Supp. 59-2952 is hereby amended to read as
follows: 59-2952. The head of a treatment facility or other person may
file a petition pursuant to K.S.A. 1997 Supp. 59-2957 and amendments
thereto seeking involuntary commitment of a voluntary patient who now
lacks capacity to make an informed decision concerning treatment and
who is refusing reasonable treatment efforts or has requested discharge
from the treatment facility. A petition filed by the head of a state psy-
chiatric hospital, or such person's designee, accompanied by a statement
from a physician or psychologist employed at the hospital that the phy-
sician or psychologist believes the person to be a mentally ill person sub-
ject 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.

Sec. 40. K.S.A. 1997 Supp. 59-2953 is hereby amended to read as
follows: 59-2953. (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
K.S.A. 1997 Supp. 59-2954 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 treatment 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 re-
quested 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 circum-
stances. 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 nevertheless provide a suitable facility in place
at 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 subsec-
tion (a) of K.S.A. 1997 Supp. 59-2957 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 pursuant to this subsection in a
nonmedical facility used for the detention of persons charged with or
convicted of a crime.

Sec. 41. K.S.A. 1997 Supp. 59-2954 is hereby amended to read as
follows: 59-2954. (a) A treatment facility may admit and detain any person
for emergency observation and treatment upon an ex parte emergency
custody order issued by a district court pursuant to K.S.A. 1997 Supp.
59-2958 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 K.S.A.
1997 Supp. 59-2953 and amendments thereto, except that a state psy-
chiatric hospital shall not admit and detain any such person unless a writ-
ten 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 may be a mentally ill person
subject to involuntary commitment 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 K.S.A. 1997 Supp. 59-2957 and amendments thereto, by
the close of business 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 guard-
ian or other person, whose name shall be stated in the application will
file the petition provided for in K.S.A. 1997 Supp. 59-2957 and amend-
ments 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 may be a mentally ill per-
son subject to involuntary commitment and because of the person's men-
tal 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
K.S.A. 1997 Supp. 59-2957 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; 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 involuntary
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.

Sec. 42. K.S.A. 1997 Supp. 59-2955 is hereby amended to read as
follows: 59-2955. (a) Whenever any person is involuntarily admitted to or
detained at a treatment facility pursuant to subsection (b) or (c) of K.S.A.
1997 Supp. 59-2954 and amendments thereto, or pursuant to an ex parte
emergency custody order issued pursuant to K.S.A. 1997 Supp. 59-2958
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 sub-
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 reasonable 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 K.S.A. 1997 Supp. 59-2978 and amendments thereto.

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

Sec. 43. K.S.A. 1997 Supp. 59-2957 is hereby amended to read as
follows: 59-2957. (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.

(b) 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.; and

(8) if the petitioner wishes to recommend to the court that the pro-
posed patient should be sent to a treatment facility other than a state
psychiatric hospital, then the name and address of the treatment facility
to which the petitioner recommends that the proposed patient be sent for
treatment if the proposed patient is found to be a mentally ill person
subject to involuntary commitment for care and treatment under this act.

(c) 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 a partici-
pating mental health center, 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 involuntary commitment for care and treatment under this act,
unless the court allows the petition to be accompanied by a verified state-
ment by the petitioner that the petitioner had attempted to have the
person seen by a physician, licensed psychologist or such qualified mental
health professional, 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 if admission to a treatment facil-
ity other than a state psychiatric hospital is sought, if it is then available,
a statement of consent to the admission of the proposed patient to the
treatment facility named by the petitioner pursuant to subsection (b)(8)
signed by the head of that treatment facility or other documentation which
shows the willingness of the treatment facility to admitting the proposed
patient for care and treatment; and

(3) if applicable, a copy of any notice given pursuant to K.S.A. 1997
Supp. 59-2951 and amendments thereto in which the named person has
sought discharge from a treatment facility into which they had previously
entered voluntarily, or a statement from the treating physician or licensed
psychologist that the person is was admitted as a voluntary patient but
now lacks capacity to make an informed decision concerning treatment
and is refusing reasonable treatment efforts, and including a description
of the treatment efforts being refused.

(d) The petition may include a request that an ex parte emergency
custody order be issued pursuant to K.S.A. 1997 Supp. 59-2958 and
amendments thereto. If such request is made the petition shall also in-
clude:

(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.

(e) The petition may include a request that a temporary custody order
be issued pursuant to K.S.A. 1997 Supp. 59-2959 and amendments
thereto.

Sec. 44. K.S.A. 1997 Supp. 59-2958 is hereby amended to read as
follows: 59-2958. (a) At the time the petition for the determination of
mental illness of a whether a person is a mentally ill person subject to
involuntary commitment for care and treatment under this act is filed, or
any time thereafter prior to the trial upon the petition as provided for in
K.S.A. 1997 Supp. 59-2965 and amendments thereto, the petitioner may
request in writing that the district court issue an ex parte emergency order
including 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 suit-
able place willing to receive and detain the person; (2) an order author-
izing 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.

Sec. 45. K.S.A. 1997 Supp. 59-2961 is hereby amended to read as
follows: 59-2961. (a) The order for a mental evaluation required by sub-
section (a)(5) of K.S.A. 1997 Supp. 59-2960 and amendments thereto,
shall be served in the manner provided for in subsections (c) and (d) of
K.S.A. 1997 Supp. 59-2963 and amendments thereto. It shall order the
proposed patient to submit to a mental evaluation to be conducted by a
physician, psychologist or qualified mental health professional designated
by the head of a participating mental health center and to undergo such
other evaluation as may be designated physical or other evaluations as
may be ordered by the court in the order, except that any proposed patient
who is not subject to a temporary custody order issued pursuant to K.S.A.
1997 Supp. 59-2959 and amendments thereto and who requests a hearing
pursuant to K.S.A. 1997 Supp. 59-2962 and amendments thereto, need
not submit to such evaluation evaluations until that hearing has been held
and the court finds that there is probable cause to believe that the pro-
posed patient is a mentally ill person subject to involuntary commitment
for care and treatment under this act. The evaluation 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 three days prior to the date of the hearing trial provided for
in K.S.A. 1997 Supp. 59-2965 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 3
three days prior to such hearing the trial. 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.
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 under 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 improve-
ment of the proposed patient if treatment is ordered.

Sec. 46. K.S.A. 1997 Supp. 59-2963 is hereby amended to read as
follows: 59-2963. (a) Notice as required by subsection (a)(6) of K.S.A.
1997 Supp. 59-2960 and amendments thereto shall be given to the pro-
posed 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 patient's spouse or nearest relative and to such other per-
sons 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 six days prior to the date of the
hearing trial, 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.

Sec. 47. K.S.A. 1997 Supp. 59-2964 is hereby amended to read as
follows: 59-2964. (a) The patient at any time may request, in writing, that
any further proceedings be continued for not more than 90 days three
months 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
treatment to a designated treatment facility for a specified period of time
not to exceed 90 days three months from the date the order is filed request
is signed by the patient. An order of referral for short-term treatment in
a treatment facility other than a state psychiatric hospital shall be con-
ditioned upon the consent of the head of that treatment facility to accept
the patient. No order may be issued for referral to a state psychiatric
hospital, unless a written statement from a qualified mental health pro-
fessional authorizing such admission and treatment 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 state-
ment, in writing, that the attorney has explained 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 K.S.A. 1997 Supp. 59-2959 or 59-2962 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
a copy of the court's order shall be given to the patient, to the attorney
representing the patient, the petitioner 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 appropriate, the head of the treatment facility
to which the patient is being referred, and such other persons as the court
directs. Any trial so continued 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 K.S.A. 1997 Supp. 59-2965 and amendments thereto by any order
of continuance and referral, unless the proposed patient has been ac-
cepted as a voluntary patient by the treatment facility or unless the pro-
posed patient has filed a written request for another successive period of
continuance and referral, 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 whom-
ever the patient directs, unless for good cause recited in the order, the
court orders otherwise.

Sec. 48. K.S.A. 1997 Supp. 59-2966 is hereby amended to read as
follows: 59-2966. (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 treat-
ment under this act, the court shall order treatment for such person for
a specified period of time not to exceed three months from the date of the
trial 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 K.S.A. 1997 Supp. 59-2969 and amend-
ments thereto. A copy of the order for treatment shall be provided to the
head of the treatment facility.

(c) When the court orders treatment, it shall retain jurisdiction to
modify, change or terminate such order, unless venue has been changed
pursuant to K.S.A. 1997 Supp. 59-2971 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.

Sec. 49. K.S.A. 1997 Supp. 59-2967 is hereby amended to read as
follows: 59-2967. (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 subsection
(a) of K.S.A. 1997 Supp. 59-2966 or subsection (f) of K.S.A. 1997 Supp.
59-2969 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 sent 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 material
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 taking of a patient into custody pursuant to an ex
parte emergency custody order revoking 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 patient
is taken into custody. 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 treat-
ment facility and the head of the inpatient treatment facility, similarly as
provided for in K.S.A. 1997 Supp. 59-2963 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 K.S.A. 1997 Supp. 59-2963
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 five 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 five days from the date
of service of the notice. If no request or order for hearing is filed within
the 5 five-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 sub-
stituting for any previously entered order for outpatient treatment. If a
hearing is requested, a formal written request for revocation or modifi-
cation 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 K.S.A. 1997 Supp. 59-2959
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 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, or may modify the order for
outpatient treatment with different terms and conditions in accordance
with this section.

(h) The outpatient treatment facility shall comply with the provisions
of K.S.A. 1997 Supp. 59-2969 and amendments thereto concerning the
filing of written reports for each 90- or 180-day period of treatment during
the time the any 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 treatment facility.

Sec. 50. K.S.A. 1997 Supp. 59-2969 is hereby amended to read as
follows: 59-2969. (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
cause to be filed with the court a written report summarizing the treat-
ment provided and the findings and recommendations of the treatment
facility concerning the need for further treatment for the patient. Upon
the receipt filing of this written report, the court shall notify the patient's
attorney of record that this written report has been received filed. 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 filed with the district court with its written
report, the attorney shall consult with the patient to determine whether
the patient 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 last day ending any period of
treatment as specified in the court's order for treatment issued pursuant
to K.S.A. 59-2966 or 59-2967 and amendments thereto, or the court's last
entered order for continued treatment issued pursuant to subsection (f).
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 treatment and may specify
the next period of treatment as provided for in subsection (f). A copy of
the court's order shall be given to the patient, the attorney for the patient,
the patient's legal guardian, the petitioner or the county or district attor-
ney, as appropriate, and to the head of the treatment facility treating the
patient as the court shall specify directs.

(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 K.S.A. 1997 Supp. 59-2963 and amendments
thereto. Notice shall also be given promptly to the head of the treatment
facility treating the patient. The hearing shall be held as soon as reason-
ably 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 K.S.A. 1997 Supp. 59-2973 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 that a material change of circumstances has occurred
necessitating 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 hear-
ing 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 review hearing within each period of treatment as speci-
fied in any order for treatment, order for out-patient treatment or order
for continued treatment.

(e) The hearing shall be conducted in the same manner as hearings
provided for in K.S.A. 1997 Supp. 59-2965 and amendments thereto,
except that the hearing 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 commit-
ment 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 for a specified period of time
not to exceed three months for any initial order for continued treatment,
nor more than six months in any subsequent order for continued treat-
ment, at an inpatient treatment facility as provided for in K.S.A. 1997
Supp. 59-2966 and amendments thereto, or at an outpatient treatment
facility if the court determines that outpatient treatment is appropriate
under K.S.A. 1997 Supp. 59-2967 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
evidence 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.

Sec. 51. K.S.A. 1997 Supp. 59-2972 is hereby amended to read as
follows: 59-2972. (a) Except as provided in subsection (c), The secretary
of social and rehabilitation services or the secretary's designee may trans-
fer any patient from any state psychiatric 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 emergency, the patient's spouse or near-
est 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 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.

(b) Except as provided in subsection (c), The secretary of social and
rehabilitation services or the designee of the secretary may transfer any
involuntary patient from any state psychiatric hospital to any state insti-
tution for the mentally retarded whenever 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 hospital 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 institution 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 sub-
section 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 admitted as a voluntary resident to a state institution for
the mentally retarded, or from then discharging such person from the
state psychiatric hospital pursuant to K.S.A. 1997 Supp. 59-2973 and
amendments thereto, as may be appropriate.

(c) At all times, any person admitted to or detained at a state psy-
chiatric hospital upon an application made pursuant to K.S.A. 1997 Supp.
59-2954, and amendments thereto, or an order issued pursuant to K.S.A.
1997 Supp. 59-2958, 59-2959, 59-2964, 59-2966 or 59-2969, and amend-
ments thereto, and who is alleged to be or who has been determined to
be a mentally ill person subject to involuntary commitment for care and
treatment, as defined in subsection (f)(1)(B) of K.S.A. 1997 Supp. 59-
2946, and amendments thereto, shall be kept in a separate secure facility
or building and segregated at all times from any other patient alleged to
be or who has been determined to be a mentally ill person subject to
involuntary commitment for care and treatment, as defined in subsection
(f)(1)(A) of K.S.A. 1997 Supp. 59-2946, and amendments thereto. The
provisions of this subsection (c) shall be effective on the date of the is-
suance by the United States supreme court of an opinion in the case of
State of Kansas vs. LeRoy Hendricks, case no. 95-1649, which holds the
sexually violent predator act, K.S.A. 59-29a01 et seq., unconstitutional and
shall expire on June 30, 1998.

Sec. 52. K.S.A. 65-4034, 65-4039, 65-4046, 65-4047, 65-4051, 65-
4052, 65-4053, 65-4055, 60-4057, 65-4058, 65-5203, 65-5207, 65-5209,
65-5214, 65-5221, 65-5222, 65-5226, 65-5227, 65-5228, 65-5230, 65-
5231, 65-5232 and 65-5233 and K.S.A. 1997 Supp. 59-2946a, 59-2952,
59-2953, 59-2954, 59-2955, 59-2957, 59-2958, 59-2961, 59-2963, 59-
2964, 59-2966, 59-2967, 59-2969, 59-2972, 59-2985, 59-2986, 65-4003,
65-4025, 65-4026, 65-4027, 65-4028, 65-4030, 65-4031, 65-4032, 65-
4033, 60-4035, 65-4036, 65-4037, 65-4038, 65-4040, 65-4041, 65-4042,
65-4043, 65-4044, 65-4045, 65-4048, 65-4049, 65-4050, 65-4054, 65-
5201, 65-5202, 65-5204, 65-5205, 65-5206, 65-5208, 65-5210, 65-5211,
65-5212, 65-5213, 65-5215, 65-5216, 65-5217, 65-5218, 65-5219, 65-
5220, 65-5223, 65-5224, 65-5225 and 65-5229 are hereby repealed.

Sec. 53. This act shall take effect and be in force from and after its
publication in the statute book.

Approved April 23, 1998

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