2023 Kentucky Statutes 504.130 – Grounds for finding defendant guilty but mentally ill
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(1) The defendant may be found guilty but mentally ill if:
(a) The prosecution proves beyond a reasonable doubt that the defendant is guilty of an offense; and
(b) The defendant proves by a preponderance of the evidence that he was mentally ill at the time of the offense.
(2) If the defendant waives his right to trial, the court may accept a plea of guilty but mentally ill if it finds that the defendant was mentally ill at the time of the offense.
Effective: July 15, 1982
History: Created 1982 Ky. Acts ch. 113, sec. 8, effective July 15, 1982.
(a) The prosecution proves beyond a reasonable doubt that the defendant is guilty of an offense; and
(b) The defendant proves by a preponderance of the evidence that he was mentally ill at the time of the offense.
(2) If the defendant waives his right to trial, the court may accept a plea of guilty but mentally ill if it finds that the defendant was mentally ill at the time of the offense.
Effective: July 15, 1982
History: Created 1982 Ky. Acts ch. 113, sec. 8, effective July 15, 1982.