Kentucky Statutes 504.070 – Evidence by defendant of mental illness or insanity — Examination by psychologist or psychiatrist by court appointment — Rebuttal by prosecution
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(1) A defendant who intends to introduce evidence of his mental illness or insanity at the time of the offense shall file written notice of his intention at least twenty (20) days before trial.
(2) The prosecution shall be granted reasonable time to move for examination of the defendant, or the court may order an examination on its own motion.
(3) If the court orders an examination, it shall appoint at least one (1) psychologist or psychiatrist to examine, treat and report on the defendant’s mental condition. If it appears the examination will not be completed before the trial date, the court may, on its own motion or on motion of either party, postpone the trial date until after the examination.
(4) No less than ten (10) days before trial, the prosecution shall file the names and addresses of witnesses it proposes to offer in rebuttal along with reports prepared by its witnesses.
Effective: July 15, 1982
History: Created 1982 Ky. Acts ch. 113, sec. 2, effective July 15, 1982.
(2) The prosecution shall be granted reasonable time to move for examination of the defendant, or the court may order an examination on its own motion.
Terms Used In Kentucky Statutes 504.070
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Insanity: means , as a result of mental condition, lack of substantial capacity either to appreciate the criminality of one's conduct or to conform one's conduct to the requirements of law. 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
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(3) If the court orders an examination, it shall appoint at least one (1) psychologist or psychiatrist to examine, treat and report on the defendant’s mental condition. If it appears the examination will not be completed before the trial date, the court may, on its own motion or on motion of either party, postpone the trial date until after the examination.
(4) No less than ten (10) days before trial, the prosecution shall file the names and addresses of witnesses it proposes to offer in rebuttal along with reports prepared by its witnesses.
Effective: July 15, 1982
History: Created 1982 Ky. Acts ch. 113, sec. 2, effective July 15, 1982.