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Minutes for SB333 - Committee on Judiciary
Short Title
Modifying criminal procedures relating to a defendant's competency or incompetency to stand trial.
Minutes Content for Thu, Feb 13, 2020
Jason Thompson gave a brief of SB333 explaining that it modifies criminal procedures relating to a defendant's competency or incompetency to stand trial. This bill spells out specific conditions where the defendant is not likely to attain competency and defines treatment and handling of of the defendant after that determination.(Attachment 1)
The Kansas Division of the Budget supplied a fiscal note for the bill. (Attachment 2).
Doug McNett gave proponent testimony for SB333 explaining hospital bed space is at a premium and we need to use it wisely. SB333 does not change current law, but addresses individuals who fall through cracks of existing law. It gives the Kansas Department for Aging and Disability Services the authority to assist defendants that previously were outside their purview, such as a person who has an incompetency due solely to an organic mental disorder, such as a traumatic brain injury. (Attachment 3)
Nick Wood gave proponent testimony for SB333 explaining that it would help prevent the incarceration of mentally incompetent individuals and would move them to places geared to working with them. (Attachment 4)
Proponent written testimony was provided by the following:
- Lane Williams, Disability Rights Center of Kansas. (Attachment 5)
There was no opponent testimony.
Chief Judge Amy Harth gave neutral testimony on SB333 stating that current court services do not have the training to handle this level of supervision needed by individuals incompetent to stand trial. She suggested an amendment to let the court appoint an appropriate person to supervise the defendant when s/he is released to the community. (Attachment 6)
There was discussion of the testimony.
Neutral written testimony was provided by the following:
- Kim Parker, Kansas County and District Attorneys Assn. (Attachment 7)
- Meryl Carver-Allmond, Kansas Assn. of Criminal Defense Lawyers. (Attachment 8)
With no more discussion, the hearing was closed.
