Printable Format22-3301. Definitions. For the purpose of this article:
(a) A person is "incompetent to stand trial" when such person is charged with a crime and, because of mental illness or defect is unable:
(1) To understand the nature and purpose of the proceedings against such person; or
(2) to make or assist in making such person's defense.
(b) Whenever the words "competent," "competency," "incompetent" and "incompetency" are used without qualification in this article, they shall refer to the defendant's competency or incompetency to stand trial, as defined in subsection (a).
(c) "Appropriate state, county or private institution or facility" means a facility with sufficient resources, staffing and space to conduct the evaluation or restoration treatment of the defendant. "Appropriate state, county or private institution or facility" does not include a jail or correctional facility as a location where evaluation and restoration treatment services are provided unless the administrative head or law enforcement official in charge of the jail or correctional facility agrees that the facility has the appropriate physical and care capabilities that such services may be provided by:
(1) The state security hospital or its agent or a state hospital or its agent;
(2) a qualified mental health professional as defined in K.S.A. 59-2946, and amendments thereto, who is qualified by training and expertise to conduct competency restoration treatment;
(3) an individual who is qualified by training and experience to conduct competency evaluations and restoration treatment and is licensed by the behavioral sciences regulatory board; or
(4) a physician who is qualified by training and experience to conduct competency evaluations and restoration treatment and is licensed by the state board of healing arts.
History: L. 1970, ch. 129, § 22-3301; L. 2022, ch. 76, § 6; July 1.
Source or Prior Law:
62-1531.
Law Review and Bar Journal References:
"Survey of Kansas Law: Criminal Law and Procedure," Keith G. Meyer, 27 K.L.R. 391, 403 (1979).
"Representing the Mentally Retarded Defendant," Karl Menninger II, 3 J.K.T.L.A. No. 3, 6, 8 (1979).
"Amnesia: The Forgotten Justification for Finding an Accused Incompetent to Stand Trial," Kim Cocklin, 20 W.L.J. 289, 291 (1981).
Attorney General's Opinions:
Competency of defendant to stand trial; commitment of incompetent. 79-212.
CASE ANNOTATIONS
1. Prior law applied; no error in trial court's refusal to order reexamination of defendant or in ordering him to stand trial. State v. Hamrick, 206 Kan. 543, 547, 548, 479 P.2d 854.
2. Place of commitment of persons found incompetent to stand trial rests in discretion of district court. State v. Bibbs, 211 Kan. 850, 508 P.2d 504.
3. Competence to stand trial determined by present ability; trial court's ruling supported by substantial evidence. State v. Randol, 212 Kan. 461, 464, 513 P.2d 248.
4. No abuse of discretion in finding defendant competent to stand trial or in denying motion for psychiatric examination. State v. Ames, 222 Kan. 88, 101, 563 P.2d 1034.
5. Trial court did not abuse discretion in finding defendant competent to stand trial. State v. Gilder, 223 Kan. 220, 224, 574 P.2d 196.
6. Applied in determining defendant competent to stand trial. State v. Soles, 224 Kan. 698, 699, 585 P.2d 1032.
7. Cited in holding that aggravated battery not reasonably foreseeable as a consequence of committing misdemeanor theft. State v. Davis, 4 Kan. App. 2d 210, 604 P.2d 68.
8. Full-blown adversary hearing to determine competency not required. State v. Costa, 228 Kan. 308, 318, 614 P.2d 1359.
9. Defendant's competency to stand trial is a different issue from defendant's legal insanity at time crime was committed. State v. Garcia, 233 Kan. 589, 596, 664 P.2d 1343 (1983).
10. Where state hospital physician advised court defendant was competent to stand trial, no error in refusing to empanel competency jury. State v. Boan, 235 Kan. 800, 803, 686 P.2d 160 (1984).
11. Language of information (K.S.A. 22-3201) instruction on attempted theft (K.S.A. 21-3701) and sufficiency of evidence on attempt discussed. State v. Garner, 237 Kan. 227, 237, 699 P.2d 468 (1985).
12. Cited; evidence regarding competency of victim/witness to stand trial in 1963 proceeding as impeaching present credibility examined. State v. Hicks, 240 Kan. 302, 305, 729 P.2d 1146 (1986).
13. Effect of alleged amnesia on competency to stand trial examined. State v. Owens, 248 Kan. 273, 281, 807 P.2d 101 (1991).
14. Trial court found to have used sound discretion in determining competency based on extensive conflicting evidence. State v. William, 248 Kan. 389, 415, 807 P.2d 1292 (1991).
15. Psychologist's report showing defendant met criteria for competency to stand trial examined. State v. Perkins, 248 Kan. 760, 767, 768, 811 P.2d 1142 (1991).
16. Counsel's failure to request determination of defendant's competency to assist in defense examined. State v. Ji, 251 Kan. 3, 18, 832 P.2d 1176 (1992).
17. No abuse of discretion by trial court in failing to order evaluation of defendant's competency to stand trial because of psychiatric history or behavior at trial. State v. Harkness, 252 Kan. 510, 513, 847 P.2d 1191 (1993).
18. Whether judge abused discretion in finding defendant competent where conflicting evidence presented examined. State v. Peckham, 255 Kan. 310, 325, 875 P.2d 257 (1994).
19. Whether sentencing attempted burglary of dwelling conviction should be classified as person felony for criminal history examined. State v. Fifer, 20 Kan. App. 2d 12, 14, 881 P.2d 589 (1994).
20. Trial court not required to inform defendant of presumption of imprisonment prior to accepting plea. State v. Dighera, 22 Kan. App. 2d 359, 362, 916 P.2d 68 (1996).
21. Procedure for determining whether criminal defendant is competent to stand trial is not unconstitutionally vague. State v. Barnes, 263 Kan. 249, 262, 948 P.2d 627 (1997).
22. Statutory scheme for determining defendant's competence to stand trial is constitutional. State v. McKinney, 265 Kan. 104, 107, 961 P.2d 1 (1998).
23. Party raising issue of competence to stand trial has burden of going forward with evidence, with preponderance of evidence standard. State v. Hedges, 269 Kan. 895, 8 P.3d 1259 (2000).
24. Competency hearing is not full-blown adversarial hearing; adequate if defendant has opportunity to present evidence. State v. Staggs, 27 Kan. App. 2d 865, 9 P.3d 601 (2000).
25. Cited in case declaring probation a permissible sentence for conspiracy to unlawfully manufacture methamphetamine. State v. Moffit, 38 Kan. App. 2d 414, 166 P.3d 435 (2007).
26. Secretary of SRS cannot legally comply with order pursuant to K.S.A. 22-3303(1) and 59-2945 et seq. if incompetency is due to traumatic brain injury. State v. Johnson, 289 Kan. 870, 218 P.3d 46 (2009).
27. Defendant found compentent to stand trial. State v. Hill, 290 Kan. 339, 228 P.3d 1027 (2010).
28. Despite murder defendant's history of mental illness, acceptance of jury trial waiver on third day of jury trial and continuation of trial to the bench, without ordering of competency evaluation, was not an abuse of discretion by trial court. State v. Barnes, 293 Kan. 240, 262 P.3d 297 (2011).