Kansas Statutes Chapter 22. Criminal Procedure § 22-3301. Definitions

(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:

(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: