What rights do mentally ill people have when facing criminal charges?

In Kansas, mentally ill people have the right to a fair trial and access to the court system when they are facing criminal charges. The law in Kansas provides that mental illness should be taken into consideration when a defendant is standing trial. Judges must look into the mental health of the accused and may consider their mental illness when making decisions about their criminal charges. Specifically, defendants in Kansas may use an insanity defense if it can be shown that the accused lacked the understanding of their actions due to mental illness. If found not guilty by reason of insanity, the individual may be held in a mental health facility instead of being incarcerated. The law in Kansas also protects the rights of mentally ill people to receive mental health treatment, including access to medications and counseling, while in jail. In addition, there are laws in Kansas that provide mentally ill inmates with the right to access to mental health records and to qualified mental health professionals. Mentally ill inmates in Kansas also have the right to be housed in units or facilities that are appropriate for their mental health needs. Finally, the law in Kansas provides that mentally ill individuals have the right to be free from discrimination and to have their rights protected. This includes the right to be free from involuntary commitment and the right to be treated fairly in their criminal proceedings. This also includes the right to have access to an attorney who understands the mental health system and can effectively advocate for the rights of their client.

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