22-3301.
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.
Notes of Decisions
Cited in
66
cases (
14 in the last 5 years), 1973–2026 · leading case:
State v. McKinney, 961 P.2d 1 (Kan. 1998).
State v. McKinney, 961 P.2d 1 (Kan. 1998).
· cites it 4× “22-3301(1) provides: "For the purpose of this article, a person is `incompetent to stand trial' when he is charged with a crime and, because of mental illness or defect is unable: (a) To understand the nature and purpose of the proceedings against him; or (b) to make or assist…”
State v. Kleypas, 40 P.3d 139 (Kan. 2001).
· cites it 2× “"A criminal defendant is incompetent to stand trial when, because of a mental illness or defect, the defendant is unable to understand the nature and purpose of the proceedings against him or her or where he or she is unable to make or assist in making a defense.”
State v. Foster, 233 P.3d 265 (Kan. 2010).
· cites it 2× “Issue 1 Discussion: Fosters competence at trial Determining whether a defendant is competent to stand trial is governed by K.S.A. 22-3301 et seq. A defendant is incompetent to stand trial when he or she cannot understand the nature or purpose of tire proceedings or cannot make…”
State v. Woods, 348 P.3d 583 (Kan. 2015).
· cites it 2× “In Kansas, K.S.A. 22-3301 et seq. governs competency to stand trial.”
State v. Ford, 353 P.3d 1143 (Kan. 2015).
· cites it 3× “[Ford] is currently competent to proceed and to stand trial as defined by K.S.A. 22-3301. He appears to appreciate the seriousness of Iris current situation and to be capable of informing his attorney of his desires regarding his defense.”
State v. Cellier, 948 P.2d 616 (Kan. 1997).
· cites it 4× “, are contained in K.S.A. 22-3301 and K.S.A. 22-3302. A. Evidentiary Standard and Burden of Proof Cellier’s complaint is that these statutes do not include an evidentiary standard of proof which the trial court should use to determine whether the definition of incompetency has…”
State v. Adams, 465 P.3d 176 (Kan. 2020).
“" K.S.A. 22-3301(1). "'[I]f the accused is capable of understanding the nature and object of the proceedings going on against him; if he rightly comprehends his own condition with reference to such proceedings, and can conduct his defense in a rational manner, he is, for the…”
State v. Johnson, 218 P.3d 46 (Kan. 2009).
· cites it 3× “This is the second time the Court of Appeals has reviewed this case and attempted to interpret the provisions of K.S.A. 22-3301 et seq., dealing with die competency of a defendant to stand trial.”
State v. Burden, 467 P.3d 495 (Kan. 2020).
· cites it 2× “5 K.S.A. 22-3301 also defines the phrase "incompetent to stand trial.”
In Re the Care & Treatment of Sykes, 367 P.3d 1244 (Kan. 2016).
· cites it 2× “In 2009, the district court of Pawnee County issued an order holding that K.S.A. 22-3301 et seq. applied only to criminal defendants subject to sexually violent predator proceedings, not to respondents in proceedings for civil commitments in other proceedings.”
State v. Murray, 353 P.3d 1158 (Kan. 2015).
· cites it 3× “Nothing in the record indicates that Murray did not understand the proceedings or that a mental disease or defect rendered him mentally incapable of assisting in his defense under K.S.A. 22-3301. Murray points on appeal to a witness at trial who testified that people said Murray…”
State v. Cheun-Phon Ji, 832 P.2d 1176 (Kan. 1992).
· cites it 2× “K.S.A. 22-3301. Ji argues although it had previously been determined there was a substantial probability that he would not be competent in the near future, his former attorney, Kym Myers, based on his observation of Ji, decided that Ji was competent to stand trial and aid in his…”
— K.S.A. § 22-3301(1) — 27 cases
State v. McKinney, 961 P.2d 1 (Kan. 1998).
“22-3301(1) provides: "For the purpose of this article, a person is `incompetent to stand trial' when he is charged with a crime and, because of mental illness or defect is unable: (a) To understand the nature and purpose of the proceedings against him; or (b) to make or assist…”
State v. Adams, 465 P.3d 176 (Kan. 2020).
“" K.S.A. 22-3301(1). "'[I]f the accused is capable of understanding the nature and object of the proceedings going on against him; if he rightly comprehends his own condition with reference to such proceedings, and can conduct his defense in a rational manner, he is, for the…”
— K.S.A. § 22-3301(1)(a) — 3 cases
State v. Ford, 353 P.3d 1143 (Kan. 2015).
“[Ford] is currently competent to proceed and to stand trial as defined by K.S.A. 22-3301. He appears to appreciate the seriousness of Iris current situation and to be capable of informing his attorney of his desires regarding his defense.”
— K.S.A. § 22-3301(1)(b) — 1 case
State v. Murray, 353 P.3d 1158 (Kan. 2015).
“Nothing in the record indicates that Murray did not understand the proceedings or that a mental disease or defect rendered him mentally incapable of assisting in his defense under K.S.A. 22-3301. Murray points on appeal to a witness at trial who testified that people said Murray…”
— K.S.A. § 22-3301(a) — 7 cases
— K.S.A. § 22-3301(a)(1) — 1 case
— K.S.A. § 22-3301(l)(a) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.