MICAH BRAY
Special to Hutch Post
TOPEKA, Kan. --- The Kansas House and Senate have unanimously passed legislation aimed at preventing potentially dangerous defendants from being released after being found incompetent to stand trial and not meeting standards for involuntary commitment.
On March 26, 2026, the Kansas House passed Senate Bill 374 by a vote of 121-0. The Kansas Senate followed on March 27, approving the measure 39-0.
The bill now awaits the signature of Gov. Laura Kelly.
State Sen. Jeff Klemp, who introduced the bill in committee, and Leavenworth County Attorney Todd Thompson, who helped draft it, joined prosecutors, representatives from the Kansas Attorney General’s Office and other lawmakers in testifying in support of the measure during the 2026 legislative session.
If signed into law, the bill would amend state criminal procedure statutes governing how courts evaluate, treat and monitor defendants found incompetent to stand trial. The changes include provisions addressing inpatient and outpatient treatment, certification of competency and involuntary commitment.
Supporters say the legislation would close what has become known as the “competency loophole,” which can allow defendants facing criminal charges to be released due to gaps in current law. Addressing the issue has been a priority for the Kansas County and District Attorneys Association.
“This bill is about putting public safety first,” Thompson said. “We have statutes that don’t always give courts the information and tools they need to keep dangerous individuals in custody to receive treatment.”
The U.S. Supreme Court has held that defendants who are found incompetent to stand trial and are not expected to regain competency may have their cases dismissed. If a medical professional also determines the individual is not a danger to themselves or others, the person cannot be involuntarily committed. In such cases, defendants facing serious charges may be released, a gap Kansas prosecutors say poses a risk to public safety.
Supporters of the bill have pointed to cases in other states where similar laws have been revised, as well as an incident in which Riley County Attorney Barry Wilkerson presented testimony on regarding a defendant charged with attempted murder who was released after being deemed incompetent and later committed a homicide.
“We didn’t want to wait for another tragedy before we act,” Thompson said. “This loophole needed to be fixed.”
Several prosecutors and state officials testified in favor of the bill, including Johnson County District Attorney Steve Howe, Assistant Johnson County District Attorney, Abby Olson, Sedgwick County Deputy District Attorney Aaron Breitenbach, Deputy Attorney General Jessica Domme of the Kansas Attorney General’s Office, Riley County Attorney Barry Wilkerson, and Shawnee County District Attorney Mike Kagay, who also submitted written testimony.