2013 Kentucky Revised Statutes CHAPTER 504 - RESPONSIBILITY 504.110 Alternative handling of defendant depending on whether he is competent or incompetent to stand trial.
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504.110 Alternative handling of defendant depending on whether he is
competent or incompetent to stand trial.
(1)
(2)
(3)
If the court finds the defendant incompetent to stand trial but there is a
substantial probability he will attain competency in the foreseeable future, it
shall commit the defendant to a treatment facility or a forensic psychiatric
facility and order him to submit to treatment for sixty (60) days or until the
psychologist or psychiatrist treating him finds him competent, whichever occurs
first, except that if the defendant is charged with a felony, he 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.
If the court finds the defendant incompetent to stand trial but there is no
substantial probability he will attain competency in the foreseeable future, it
shall conduct an involuntary hospitalization proceeding under KRS Chapter
202A or 202B.
If the court finds the defendant competent to stand trial, the court shall continue
the proceedings against the defendant.
Effective:June 20, 2005
History: 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.
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