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Minutes for HB2549 - Committee on Health and Human Services
Short Title
Determinations of competency, commitment for treatment and state hospitals catchment areas.
Minutes Content for Wed, Feb 7, 2018
Chairperson Hawkins opened the hearing on HB2549.
Norm Furse, Revisor Emeritus, presented the bill brief which would allow a court in misdemeanor and felony cases to commit a defendant to the state security hospital or any appropriate state, county, or private institution or facility for a psychiatric or psychological examination and report to the court the determination of competency to stand trial. Additionally, if a defendant who is charged with a misdemeanor or felony is found incompetent to stand trial, the bill would require the court to commit the defendant for evaluation and treatment to any appropriate state, county, or private institution or facility (Attachment 1).
Proponents:
Kimberly M.J. Lynch, Chief Counsel, Kansas Department for Aging and Disability Services stated several reasons for supporting this bill and for those reasons, Kansas Department for Aging and Disability Services respectfully requested the committee pass HB2549 (Attachment 2).
Opponents:
No opponents appeared before the committee.
Neutral:
Jeffrey Easter, Legislative Chair, Kansas Sheriff's Association, supports the bill because, he said, Kansas Sheriff's Association believes the proposed changes are in the best interest of the Kansas Department for Aging and Disability Services and local entities to better serve citizens with mental health issues and inmates in need of determination of competency that is ordered by a court; however he said, the recommended changes will only be positive if they resolve some of the long wait times facing Osawatomie State Hospital and Larned State Hospital admissions. This includes both emergency commitments as well as competency determinations and restoration (Attachment 3).
Nathan Eberline, Kansas Association of Counties, testified as a neutral conferee on HB2549, which changes two different state policies: (1) access to psych evaluations regarding competency to stand trial and (2) eliminating catchment areas that direct inmates to either the Larned State Hospital or the Osawatomie State Hospital depending on the county of incarceration. He reported that the counties are in full support of expediting the evaluation process to determine competency, but are concerned over the elimination of the catchment areas and asked the committee to preserve the current catchment definitions, and because the policies are contradictory, the Kansas Association of Counties is neutral on the bill (Attachment 4).
Amy Campbell, Lobbyist, Kansas Mental Health Coalition, said ultimately, we would prefer to see an amendment to add specific language in the statute to provide for flexibility to best serve Kansans who need hospital treatment, rather than completely deleting catchment language (Attachment 5).
Colin Thomasset, Associate Director, Association of Community Health Centers of Kansas, Inc., informed the committee that the Association and members are neutral because they have not had the opportunity to dialogue with the Kansas Department for Aging and Disability Services regarding the changes proposed in the bill that relates to competency evaluations and removing legislative oversight of Osawatomie State Hospital and Larned State Hospital catchment areas. If the impetus of this bill is to change the catchment area for just a small number of counties, it may be easier to make those minor adjustments in statute at this time rather than the large change this bill would create (Attachment 6).
Proponent, Opponent and Neutral written:
There was no proponent, opponent nor neutral written testimony submitted for this hearing.
Questions, comments and discussion followed, after which the Chairperson closed the hearing on HB2549.
