Kentucky Statutes 504.110 – Alternative handling of defendant depending on whether he or she is competent or incompetent to stand trial — Commitment proceeding
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(1) If the court finds the defendant incompetent to stand trial but there is a substantial probability the defendant will attain competency in the foreseeable future, it shall commit the defendant to a treatment facility or a forensic psychiatric facility and order the defendant to submit to treatment for sixty (60) days or until the psychologist or psychiatrist treating him or her finds the defendant competent to stand trial, whichever occurs first, except that if the defendant is charged with a felony, he or she shall be committed to a forensic psychiatric facility unless the secretary of the Cabinet for Health and Family Services or the secretary’s designee determines that the defendant shall be treated in another Cabinet for Health and Family Services facility. Within ten (10) days of that time, the court shall hold another hearing to determine whether or not the defendant is competent to stand trial.
(2) If the court finds the defendant incompetent to stand trial and there is no substantial probability he or she will attain competency in the foreseeable future:
For details, see § 532.060
(a) The Commonwealth’s attorney‘s office serving the county of criminal prosecution shall immediately petition the Circuit Court that found the defendant incompetent to stand trial or, if the finding was by a District Court, the Circuit Court in the county of criminal prosecution, to initiate an involuntary commitment proceeding under KRS § 202C.010, 202C.020,
202C.030, 202C.040, and 202C.050 if the defendant is charged with a capital offense, a Class A felony, a Class B felony resulting in death or serious physical injury, or a violation of KRS § 510.040 or 510.070; or
(b) The court shall conduct an involuntary hospitalization proceeding under KRS Chapter 202A or 202B if the defendant is charged with an offense not listed in paragraph (a) of this subsection.
(3) A defendant who is the subject of an involuntary commitment proceeding under KRS § 202C.010, 202C.020, 202C.030, 202C.040, and 202C.050 shall be committed to a forensic psychiatric facility unless the secretary of the Cabinet for Health and Family Services or the secretary’s designee determines that the defendant shall be treated in another Cabinet for Health and Family Services facility, during the pendency of the proceeding.
(4) If the court finds the defendant competent to stand trial, the court shall continue the proceedings against the defendant.
Effective:April 1, 2021
History: Amended 2021 Ky. Acts ch. 175, sec. 5, effective April 1, 2021. — Amended 2005 Ky. Acts ch. 99, sec. 655, effective June 20, 2005. — Amended
1998 Ky. Acts ch. 426, sec. 607, effective July 15, 1998. — Amended 1988 Ky. Acts ch. 139, sec. 17, effective July 15, 1988. — Created 1982 Ky. Acts ch. 113, sec. 6, effective July 15, 1982.
(2) If the court finds the defendant incompetent to stand trial and there is no substantial probability he or she will attain competency in the foreseeable future:
Attorney's Note
Under the Kentucky Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A felony | between 20 years and life | between $1,000 and $10,000 |
| Class B felony | between 10 and 20 years | between $1,000 and $10,000 |
Terms Used In Kentucky Statutes 504.110
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Capital offense: A crime punishable by death.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Forensic psychiatric facility: means a mental institution or facility, or part thereof, designated by the secretary of the Cabinet for Health and Family Services for the purpose and function of providing inpatient evaluation, care, and treatment for mentally ill persons or individuals with an intellectual disability who have been charged with or convicted of a felony. See Kentucky Statutes 504.060
- Foreseeable future: means not more than three hundred sixty (360) days. See Kentucky Statutes 504.060
- Psychiatrist: means a physician licensed pursuant to KRS Chapter 311 who is certified or eligible to apply for certification by the American Board of Psychiatry and Neurology, Inc. See Kentucky Statutes 504.060
- Treatment: means medication or counseling, therapy, psychotherapy, and other professional services provided by or at the direction of psychologists or psychiatrists. See Kentucky Statutes 504.060
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(a) The Commonwealth’s attorney‘s office serving the county of criminal prosecution shall immediately petition the Circuit Court that found the defendant incompetent to stand trial or, if the finding was by a District Court, the Circuit Court in the county of criminal prosecution, to initiate an involuntary commitment proceeding under KRS § 202C.010, 202C.020,
202C.030, 202C.040, and 202C.050 if the defendant is charged with a capital offense, a Class A felony, a Class B felony resulting in death or serious physical injury, or a violation of KRS § 510.040 or 510.070; or
(b) The court shall conduct an involuntary hospitalization proceeding under KRS Chapter 202A or 202B if the defendant is charged with an offense not listed in paragraph (a) of this subsection.
(3) A defendant who is the subject of an involuntary commitment proceeding under KRS § 202C.010, 202C.020, 202C.030, 202C.040, and 202C.050 shall be committed to a forensic psychiatric facility unless the secretary of the Cabinet for Health and Family Services or the secretary’s designee determines that the defendant shall be treated in another Cabinet for Health and Family Services facility, during the pendency of the proceeding.
(4) If the court finds the defendant competent to stand trial, the court shall continue the proceedings against the defendant.
Effective:April 1, 2021
History: Amended 2021 Ky. Acts ch. 175, sec. 5, effective April 1, 2021. — Amended 2005 Ky. Acts ch. 99, sec. 655, effective June 20, 2005. — Amended
1998 Ky. Acts ch. 426, sec. 607, effective July 15, 1998. — Amended 1988 Ky. Acts ch. 139, sec. 17, effective July 15, 1988. — Created 1982 Ky. Acts ch. 113, sec. 6, effective July 15, 1982.