Key Information

Relevant Statutes and Rules

Kansas Stat. Ann. §§ 22-3301 to 22-3305

Kan. Stat. Ann. § 22-3402(e)(2).

What proceedings can occur while the defendant is incompetent

None stated.

Number of examiners required

1

Kan. Stat. Ann. § 22-3302 (c)(1)

Qualifications of examiners

(1) Appropriate state, county or private institution or facility, or
(2) a licensed physician who is qualified through training or experience or a licensed psychologist

Kan. Stat. Ann. § 22-3302 (c)(1)

What must the evaluation report contain

None stated.

Are low-level offenses excluded from restoration

None stated.

Is there a pathway for diversion following a finding of incompetence to stand trial

None stated.

What are the locations for restoration services

Misdemeanor: Outpatient
Felony: Outpatient or inpatient.
K.S.A. § 22-3303(a)

"Evaluation or restorative treatment of a defendant shall not be conducted in a jail unless the administrative head or law enforcement official in charge of the jail agrees to such evaluation or restorative treatment being conducted in such jail." K.S.A. § 22-3303(a)(1).

What is the test for restorability

"whether the defendant has a substantial probability of attaining competency to stand trial in the foreseeable future."

K.S.A. § 22-3303 (b)(1), (c)(1), (e)(1)

What is the procedure after restoration

"When reasonable grounds exist to believe that a defendant who has been adjudged incompetent to stand trial is competent, the court in which the criminal case is pending shall conduct a hearing in accordance with K.S.A. 22-3302, and amendments thereto, to determine the person's present mental condition. . . . If the court, following such hearing, finds the defendant to be competent, the proceedings pending against the defendant shall be resumed."

Kan. Stat. Ann. § 22-3303(e)(4).

"If the defendant is subsequently found to be competent to stand trial, the trial shall be scheduled as soon as practicable and in any event within 90 days of such finding" (or longer if the speedy-trial limitations permit it).  K.S.A. § 22-3402(e)(2).

What is the procedure if there is a finding of unrestorability

Court shall order designated officials to commence involuntary commitment proceedings. Kan. Stat. Ann. § 22-3303(b)(2), (c)(2), (e)(2).

If defendant is not committed and remains incompetent, the court shall order the defendant to be discharged from commitment and shall dismiss without prejudice the charges against the defendant, and the period of limitation for the prosecution for the crime charged is tolled until defendant regains competency.

Kan. Stat. Ann. § 22-3305 (c)

What are the time limits on initial transfer to restoration services

None stated.

What are the time limits for treatment

N/A

What is the process if time limit is reached without restoration

Court shall order designated officials to commence involuntary commitment proceedings. Kan. Stat. Ann. § 22-3303(b)(3), (c)(3), (e)(3).

If defendant is not committed and remains incompetent, the court shall order the defendant to be discharged from commitment and shall dismiss without prejudice the charges against the defendant, and the period of limitation for the prosecution for the crime charged is tolled until defendant regains competency.

Kan. Stat. Ann. § 22-3305 (c)

Are there prohibitions on revoking pretrial release or competency as a pre-trial release factor

None stated.

Time limits on treatment

6 mos. 

Kan. Stat. Ann. § 22-3303(b)(2), (c)(2), (e)(2)