2011 Kentucky Revised Statutes
Download pdf532.135 Determination by court that defendant is mentally retarded.
At least thirty (30) days before trial, the defendant shall file a motion with the trial
court wherein the defendant may allege that he is a seriously mentally retarded
defendant and present evidence with regard thereto. The Commonwealth may offer
evidence in rebuttal.
At least ten (10) days before the beginning of the trial, the court shall determine
whether or not the defendant is a seriously mentally retarded defendant in
accordance with the definition in KRS 532.130.
The decision of the court shall be placed in the record.
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
seriously mentally retarded offender, he shall be sentenced as provided in KRS
History: Created 1990 Ky. Acts ch. 488, sec. 2, effective July 13, 1990.
CHAPTER 532 CLASSIFICATION AND DESIGNATION OF OFFENSES -- AUTHORIZED DISPOSITION
532.135 Determination by court that defendant is mentally retarded.
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