(1) At least one hundred twenty (120) days before trial, the defendant shall file a motion with the trial court wherein the defendant may allege that he or she is a defendant with a serious intellectual disability or a defendant with serious mental illness and present evidence with regard thereto. The Commonwealth may offer evidence in rebuttal.
(2) At least ninety (90) days before the beginning of the trial, the court shall determine whether or not the defendant is a defendant with a serious intellectual disability or a defendant with serious mental illness, in accordance with the criteria set forth in KRS § 532.130.
(3) The decision of the court shall be placed in the record.
(4) The pretrial determination of the trial court shall not preclude the defendant from raising any legal defense during the trial. If it is determined the defendant is a defendant with a serious intellectual disability or a defendant with serious mental illness, he or she shall be sentenced as provided in KRS § 532.140.
Effective: July 14, 2022
History: Amended 2022 Ky. Acts ch. 109, sec. 2, effective July 14, 2022. — Amended
2012 Ky. Acts ch. 146, sec. 134, effective July 12, 2012. — Created 1990 Ky. Acts ch. 488, sec. 2, effective July 13, 1990.