Kansas defendants could claim a mental disease kept them from knowing an act was wrong

A defendant could raise a mental disease or defect defense based on not understanding an act or knowing it was wrong. The defense would apply to a person prosecuted under a Kansas statute. The defendant must have been unable to know the nature and quality of the act or that it was wrong because of the mental disease or defect.

A person acquitted after a jury links the verdict to this defense would be committed to a secure hospital or facility while a court reviews their condition. This applies when the jury answers yes to a special question about the defense and the defendant is acquitted. The person may present evidence and question witnesses at the court hearing. If the court finds by clear and convincing evidence that the person is not currently mentally ill, it must dismiss the criminal case and discharge them; otherwise, it may order treatment in a secure setting or conditional release. The facility must send an evaluation report within 90 days of admission. The hearing is generally due within 30 days after the report reaches the court, but the court may delay it for exceptional circumstances.