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Minutes for SB374 - Committee on Judiciary

Short Title

Requiring further consideration of evaluation and treatment during the course of competency proceedings for defendants charged with the most serious offenses.

Minutes Content for Wed, Feb 4, 2026

Chairwoman Warren opened the hearing on SB374

Natalie Scott, Revisors Office, provided an overview of the bill and stood for questions. (Attachment 20)

Todd Thompson, Leavenworth County Attorney, and Kansas County and District Attorneys Association (KCDDA) Legislative Chair, provided testimony in support of the bill.  He states this may be one of the most important criminal justice and public safety bills the Legislature considers this session.  This bill addresses a point where mental health systems, criminal courts and public safety intersect. (Attachment 21)

Aaron Britenbach, Deputy District Attorney on behalf of Marc Bennett, District Attorney, Eighteenth Judicial District and the KCDAA, testified in support of the bill.  He stated every defendant's access to competency restoration and mental health treatment to those who truly need it.  It will also remove much of the incentive for a malingering defendant to prevent as someone who is incompetent to stand trial to avoid prosecution. This bill will provide a more tailored process for determining how each defendant's case should be handled. (Attachment 22) 

Steve Howe, District Attorney, Tenth Judicial District, provided support of the bill.  He stated this commonsense approach still provides due process protection for the defendants/patients through meaningful court hearings.  At the same time, it  provides needed changes in our competency laws that will protect our community from dangerous individuals who have demonstrated violent behavior.(Attachment 23)

Jessica Domme, Deputy Attorney General for Criminal, Office of the Kansas Attorney General supports the bill.  The bill addresses the issue of repeated treatment releases and re-commitments for defendants who remain incompetent to stand trial.  She stated it is well within the Legislature's authority to adopt statutory programs to confine and treat people who might be dangerous to themselves or others and who suffer from some mental ailment. (Attachment 24)

Tara Rieck, Mother, Private Citizen, testified in support of the bill.  She sees this bill simply as sealing a hole to ensure those committing unimaginable atrocities, trapped in legal limbo, stay securely confined.  (Attachment 25)

Written only testimony was submitted by the following:

Proponent conferees stood for questions and discussion.

Kassius Anderson, Attorney, Disability Rights Center of Kansas (DRC), spoke in opposition of the bill.  DRC is concerned the bill will expand the use of involuntary commitment against Kansans in a way that strays from its core purpose - resulting in an overuse of involuntary commitment that leads to a strain on Kansas care systems and violates Kansans rights. (Attachment 31)

Opponent conferee stood for questions and discussion.

Scott Brunner, Deputy Secretary for Hospitals and Facilities representing Kansas Department for Aging and Disability Services, offered neutral testimony on SB374. We think the bill does add some clarity to the criminal process and it solves or tries to address this barrier of what to do with somebody who is hard to restore the competency, but we do want to think about what impact that has on our system and the beds that we have available that the resources that you've entrusted with us.  (Attachment 32)

Chance Berndt, Assistant Public Defender, 10th Judicial District Public Defender Office, Olathe, offered neutral testimony on the bill. He stated this bill makes it easier to involuntarily commit or confine someone against their will - merely because of an allegation - before anyone has had their day in court. (Attachment 33)

Neutral conferee stood for questions and discussion.

Chairwoman Warren closed the hearing on SB374.