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2013 Kansas Attorney General Reports and Opinions 1 (2013)

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January 2, 2013
ATTORNEY GENERAL OPINION NO. 2013-1
Evan C. Watson
Sumner County Attorney
501 North Washington
Wellington, KS 67152

Probate Code-Care and Treatment Act for Mentally Ill Persons-
Definitions; Investigation; Emergency Detention, Authority and Duty of
Law Enforcement Officers
K.S.A. 59-2953(a) authorizes a law enforcement officer to take a person
into custody without a warrant and to transport such person to a treatment
facility for a mental evaluation if the officer forms a reasonable belief
based upon an investigation that the person is a mentally ill person and
such person's mental illness is likely to cause harm to self or others if
allowed to remain at liberty. Although the definition of a treatment facility
in K.S.A. 59-2946(n) creates an ambiguity regarding the location for
performing the mental evaluation, the legislative intent is that the physician
or psychologist performing the evaluation determines the location to
conduct the mental evaluation based upon the welfare of the detained
person; however, such location may not include a non-medical facility
used to detain persons charged with or convicted of a crime such as a jail
or a law enforcement patrol vehicle. Cited herein: K.S.A. 59-2945, 59-
2946; 59-2953, 59-2958; 59-2960; 59-2961; 65-425; K.S.A. 1977 Supp.
65-4027 (Repealed); 65-4031 (Repealed); K.S.A. 75-704.

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Dear Mr. Watson:

As Sumner County Attorney, you ask whether the detention of a person in a non-
medical facility for the purpose of a mental evaluation violates the Care and Treatment
Act for Mentally Ill Persons (the Act), K.S.A. 59-2945 et seq. In your letter, you indicate

C)ER-ex scHimIAT
AKtOWNEV4EM

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