Brief (1)
HB 2084 amends the Criminal Procedure Code regarding certain individuals who are incompetent to stand trial and not likely to become competent in the foreseeable future. The bill provides that the court shall order the Secretary of the Department of Social and Rehabilitation Services to conduct an investigation concerning the defendant and determine what services or placement involving the least restrictive setting appropriate to meet the needs of the defendant consistent with public safety are appropriate.
The Secretary shall commence an involuntary commitment proceeding or a guardianship proceeding whenever appropriate. The Secretary shall provide or cause to be provided to the defendant services as may be available and appropriate.
The Secretary shall report to the court, the defendant's attorney, and to the county or district attorney of the county in which the criminal proceedings are pending, the Secretary's findings and actions.
Upon request of the defendant or the county or district attorney, the court may set a hearing on the issue of whether the Secretary's actions are sufficient to meet the defendant's needs or to protect the public interests. If no request is made within ten days after receipt of the Secretary's report, the court shall dismiss without prejudice the charges against the defendant, and the period of limitation for the prosecution for the crime charged shall not continue to run until the defendant has been determined to have attained competency.
The bill also directs the Secretary to convene a task force to study current programs and laws for alleged offenders with disabilities that render them potentially incompetent to stand trial, but who do not meet the criteria for involuntary commitment under Kansas law. The task force is required to review and make recommendations on the adequacy of Kansas programs and services, and current Kansas law, in protecting public safety and in providing services and supports to alleged offenders. The Secretary must report to the SRS Oversight Committee during the 2001 Interim and shall make a final report to the 2002 Legislature.
Background
A District Court Judge from Shawnee County who spoke on behalf of the Judicial Council testified in support of the bill.
Opposition to the measure was expressed by a delegate from the Department of Social and Rehabilitation Services.
1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/fulltext.cgi