(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;
(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
(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
(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
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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