KRS 504.010 Repealed, 1976
504.010. Repealed, 1976
Catchline at repeal: Immaturity.
History: Repealed 1976 Ky. Acts ch. 183, sec. 8, effective June 19, 1976. -- Created 1974 Ky. Acts ch. 406, sec. 38, effective January 1, 1975.
RESPONSIBILITY
KRS tit. L, ch. 504
in effectKRS 504.020 Mental illness or intellectual disability
504.020. Mental illness or intellectual disability
(1) A person is not responsible for criminal conduct if at the time of the conduct, as a result of mental illness or intellectual disability, he or she lacks substantial capacity to appreciate the nature and quality of his or her conduct.
(2) As used in this chapter, the term "mental illness or intellectual disability" does not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct.
(3) A defendant may prove mental illness or intellectual disability, as used in this section, in exculpation of criminal conduct.
Effective: July 15, 2026
History: Amended 2026 Ky. Acts ch. 14, sec. 2, effective July 15, 2026. -- Amended 2012 Ky. Acts ch. 146, sec. 120, effective July 12, 2012. -- Amended 1988 Ky. Acts ch. 283, sec. 8, effective July 15, 1988. -- Created 1974 Ky. Acts ch. 406, sec. 39, effective January 1, 1975. Legislative Research Commission Note (7/15/2026). 2026 Ky. Acts ch. 14, sec. 6, provides that the Act, which amended this section and KRS 439.3406, 504.060, 504.120, and 504.150, may be cited as Logan's Law.
KRS 504.030 Disposition of person found not guilty by reason of insanity
504.030. Disposition of person found not guilty by reason of insanity
(1) When a defendant is found not guilty by reason of insanity, the court shall conduct an involuntary hospitalization proceeding under KRS Chapter 202A or 202B.
(2) To facilitate the procedure established in subsection (1) of this section, the court may order the detention of the defendant for a period of ten (10) days to allow for proceedings to be initiated against the defendant for examination and possible detention pursuant to the provisions of KRS Chapter 202A or 202B.
Effective: July 15, 1982
History: Amended 1982 Ky. Acts ch. 445, sec. 42, effective July 15, 1982. -- Amended 1976 Ky. Acts ch. 332, sec. 31. -- Created 1974 Ky. Acts ch. 406, sec. 40, effective January 1, 1975. Legislative Research Commission Note. This section was amended by 1982 Acts Chapter 113, Section 11 and 1982 Acts Chapter 445, Section 42, which conflict and cannot be compiled together. Pursuant to KRS 446.250, the amendment in Chapter 445, Section 42, prevails as the later enactment.
Legislative Research Commission Note (1982). This section was amended in 1982 Acts Chapter 445, which contains the following language in Section 45 of that Act: "This Act shall become effective on July 1, 1982." The Ky. Constitution, in Section 55, requires that a reason be set forth for the emergency. However, no reason is set forth in this Act. The effective date for 1982 Acts with no emergency provision is July 15, 1982.
KRS 504.040 Repealed, 1982
504.040. Repealed, 1982
Catchline at repeal: Mental disease or defect -- Proceedings -- Examination.
History: Repealed 1982 Ky. Acts ch. 113, sec. 14, effective July 15, 1982. -- Amended 1978 Ky. Acts ch. 290, sec. 4, effective June 17, 1978. -- Amended 1976 Ky. Acts ch. 332, sec. 32. -- Created 1974 Ky. Acts ch. 406, sec. 41, effective January 1, 1975.
KRS 504.050 Repealed, 1982
504.050. Repealed, 1982
Catchline at repeal: Requirement of notice and examination of defendant.
History: Repealed 1982 Ky. Acts ch. 113, sec. 14, effective July 15, 1982. -- Amended 1978 Ky. Acts ch. 78, sec. 2, effective June 17, 1978 -- Created 1974 Ky. Acts ch. 406, sec. 42, effective January 1, 1975.
KRS 504.060 Definitions for chapter
504.060. Definitions for chapter
As used in this chapter, unless the context otherwise requires:
(1) "Department" means the Department of Corrections;
(2) "Examiner" means a psychologist or psychiatrist who examines, treats, or reports on a defendant's mental condition as required by this chapter;
(3) "Forensic psychiatric facility" means a mental institution or facility, or part thereof, designated by the secretary for the purpose and function of providing inpatient evaluation, care, and treatment for individuals with an intellectual disability or a mental illness who have been charged with or convicted of a felony;
(4) "Foreseeable future" means not more than three hundred sixty (360) days;
(5) "Incompetency to stand trial" means, as a result of mental condition, lack of capacity to appreciate the nature and consequences of the proceedings against one or to participate rationally in one's own defense;
(6) "Individual with an intellectual disability" means an individual with significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the developmental period and is a condition which may exist concurrently with mental illness or insanity;
(7) "Insanity" means, as a result of mental illness or intellectual disability, lack of substantial capacity to appreciate the nature and quality of one's conduct;
(8) "Mental illness" means substantially impaired capacity to use self-control, judgment, or discretion in the conduct of one's affairs and social relations, associated with maladaptive behavior or recognized emotional symptoms where impaired capacity, maladaptive behavior, or emotional symptoms can be related to physiological, psychological, or social factors;
(9) "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.;
(10) "Psychologist" means a person licensed at the doctoral level pursuant to KRS Chapter 319 who has been designated by the Kentucky Board of Examiners of Psychology as competent to perform examinations;
(11) "Secretary" means the secretary of the Cabinet for Health and Family Services;
(12) "Treatment":
(a) Means medication or counseling, therapy, psychotherapy, and other professional services provided by or at the direction of psychologists or psychiatrists; and
(b) Shall not include electroshock therapy or psychosurgery; and
(13) "Treatment facility" means an institution or part thereof, approved by the Cabinet for Health and Family Services, which provides evaluation, care, and treatment for insane or individuals with an intellectual disability or a mental illness on an inpatient or outpatient basis.
Effective: July 15, 2026
History: Amended 2026 Ky. Acts ch. 14, sec. 3, effective July 15, 2026. -- Amended 2024 Ky. Acts ch. 138, sec. 2, effective July 15, 2024. -- Amended 2012 Ky. Acts ch. 146, sec. 121, effective July 12, 2012. -- Amended 2005 Ky. Acts ch. 99, sec. 653, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 605, effective July 15, 1998. -- Amended 1992 Ky. Acts ch. 211, sec. 131, effective July 14, 1992. -- Amended 1988 Ky. Acts ch. 139, sec. 15, effective July 15, 1988. -- Amended 1986 Ky. Acts ch. 331, sec. 57, effective July 15, 1986. -- Created 1982 Ky. Acts ch. 113, sec. 1, effective July 15, 1982. Legislative Research Commission Note (7/15/2026). 2026 Ky. Acts ch. 14, sec. 6, provides that the Act, which amended this section and KRS 439.3406, 504.020, 504.120, and 504.150, may be cited as Logan's Law.
Legislative Research Commission Note (7/15/2024). Under the authority of KRS 7.136, the reviser of statutes has changed the internal numbering of this statute to place the definitions in alphabetical order. The words in the statute were not changed. Legislative Research Commission Note (7/15/2024). 2024 Ky. Acts ch. 138, sec. 7, provides that the Act, which amended this section and KRS 311.631, 504.070, 504.080, 504.100, and 504.110, may be cited as Seth's Law.
KRS 504.070 Evidence by defendant of mental illness or insanity -- Examination by psychologist or psychiatrist by court appointment -- Rebuttal by prosecution
504.070. Evidence by defendant of mental illness or insanity -- Examination by psychologist or psychiatrist by court appointment -- Rebuttal by prosecution
(1) A defendant who intends to introduce evidence of his or her:
(a) Mental illness or intellectual disability bearing on the issue of guilt, punishment, or both; or
(b) Insanity at the time of the offense; shall file written notice of his or her intention at least ninety (90) days before trial.
(2) The prosecution shall be granted reasonable t ime 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, the defendant shall be examined and his or her mental condition reported, as provided in KRS 504.080. If it appe ars 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 th e names and addresses of witnesses it proposes to offer in rebuttal along with reports prepared by its witnesses.
Effective: July 15, 2024
History: Amended 2024 Ky. Acts ch. 138, sec. 3, effective July 15, 2024. -- Created 1982 Ky. Acts ch. 113, sec. 2, effective July 15, 1982. Legislative Research Commission Note (7/15/2024). 2024 Ky. Acts ch. 138, sec. 7, provides that the Act, which amended this section and KRS 311.631, 504.060, 504.080, 504.100, and 504.110, may be cited as Seth's Law.
KRS 504.080 Court-ordered examination -- Conditions -- Persons to be present at hearing -- Termination of criminal proceedings not bar to civil proceedings
504.080. Court-ordered examination -- Conditions -- Persons to be present at hearing -- Termination of criminal proceedings not bar to civil proceedings
(1) (a) The court may order a defendant to be examined on an outpatient basis when the defendant: 1. Is believed to be incompetent to stand trial; 2. Intends to assert a defense of insanity at the time of the commission of the offense; or 3. Intends to introduce evidence of mental illness or intellectual disability bearing on the issue of guilt, punishment, or both.
(b) The examination shall be done by an examiner from a treatment facility designated by the secretary to perform evaluations required by this chapter.
(c) If the examiner concludes that inpatient examination is needed, the court may order the defendant be: 1. Committed to a forensic psychiatric facility or its designee for no more than thirty (30) days for further examination; and 2. Treated for his or her mental condition subject to the availability of the facility, if necessary.
(2) (a) No later than ten (10) days after the examination, the examiner shall issue and deliver a report prepared under this chapter consistent with the terms of the referring court order.
(b) The court shall order the report be filed under seal, with notice o f filing to all parties, and shall schedule the case for a status conference or hearing no more than thirty (30) days after the filing of the report.
(3) The defendant shall be present at any hearing on his or her mental condition unless he or she waives the right to be present.
(4) The examiner shall appear at any hearing on the defendant's mental condition unless the defendant waives his or her right to have the examiner appear.
(5) An examiner retained by the defendant shall be permitted to participate i n any examination under this chapter.
(6) The Cabinet for Health and Family Services, if the cabinet or its agent or employee does not provide the examination, shall pay a reasonable fee to any examiner ordered to examine, treat, or report on a defendant's mental condition.
(7) The termination of criminal proceedings under this chapter is not a bar to the institution of civil commitment proceedings.
Effective: July 15, 2024
History: Amended 2024 Ky. Acts ch. 138, sec. 4, effective July 15, 2024. -- Amended 2005 Ky. Acts ch. 99, sec. 654, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 606, effective July 15, 1998. -- Amended 1988 Ky. Acts ch. 139, sec. 16, effective July 15, 1988. -- Created 1982 Ky. Acts ch. 113, sec. 3, effective July 15, 1982. Legislative Research Commission Note (7/15/2024). 2024 Ky. Acts ch. 138, sec. 7, provides that the Act, which amended this section and KRS 311.631, 504.060, 504.070, 504.100, and 504.110, may be cited as Seth's Law.
KRS 504.085 Facility's standing to petition for clarification or modification and to appeal
504.085. Facility's standing to petition for clarification or modification and to appeal
A forensic psychiatric facility or psychiatric facility as those terms are defined in KRS 202A.011 shall have standing to petition the court for any necessary clarification or modification of orders or judgments entered in proceedings under this chapter and to appeal from final orders or judgments entered in proceedings which have not complied with the provisions of this chapter. A copy shall be sent to the mentally ill person or individual with an intellectual disability who has been charged with or convicted of a felony and to the person's attorney of record, if any, of whatever pleadings are filed by the forensic psychiatric facility or psychiatric facility.
Effective: July 12, 2012
History: Amended 2012 Ky. Acts ch. 146, sec. 122, effective July 12, 2012. -- Created 1994 Ky. Acts ch. 498, sec. 14, effective July 15, 1994.
KRS 504.090 Incompetent defendant not to be tried
504.090. Incompetent defendant not to be tried
No defendant who is incompetent to stand trial shall be tried, convicted or sentenced so long as the incompetency continues.
Effective: July 15, 1982
History: Created 1982 Ky. Acts ch. 113, sec. 4, effective July 15, 1982.
KRS 504.100 Appointment by court of psychologist or psychiatrist during proceedings
504.100. Appointment by court of psychologist or psychiatrist during proceedings
(1) If upon arraignment, or during any stage of the proceedings, the court has reasonable grounds to believe the defendant is incompetent to stand trial, the court shall order the defendant to be examined and his or her mental condition reported, as provided in KRS 504.080.
(2) The report of the examiner shall state whether or not he or she finds the defendant incompetent to stand trial. If the examiner finds the defendant is incompetent, the report shall state:
(a) Whether there is a substantial probability of the defendant attaining competency in the foreseeable future; and
(b) What type treatment the examiner recommends, including whether it should be provided by a treatment facility or forensic psychiatric facility.
(3) In accordance with KRS 504.080(2), the court shall schedule the case for a status conference or a hearing no more than thirty (30) days after the filing of the report.
Effective: July 15, 2024
History: Amended 2024 Ky. Acts ch. 138, sec. 5, effective July 15, 2024. -- Created 1982 Ky. Acts ch. 113, sec. 5, effective July 15, 1982. Legislative Research Commission Note (7/15/2024). 2024 Ky. Acts ch. 138, sec. 7, provides that the Act, which amended this section and KRS 311.631, 504.060, 504.070, 504.080, and 504.110, may be cited as Seth's Law.
KRS 504.110 Alternative handling of defendant depending on whether he or she is competent or incompetent to stand trial -- Commitment proceeding
504.110. Alternative handling of defendant depending on whether he or she is competent or incompetent to stand trial -- Commitment proceeding
(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 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:
(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 inv oluntary 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 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: July 15, 2024
History: Amended 2024 Ky. Acts ch. 138, sec. 6, effective July 15, 202 4. -- 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. Legislative Research Commission Note (7/15/2024). 2024 Ky. Acts ch. 138, sec. 7, provides that the Act, which amended this section and KRS 311.631, 504.060, 504.070, 504.080, and 504.100, may be cited as Seth's Law.
KRS 504.120 Verdicts of jury -- Prohibition on verdicts
504.120. Verdicts of jury -- Prohibition on verdicts
(1) Except as provided in subsection (2) of this section, in cases in which the defendant provides evidence at trial of his or her mental illness or insanity at the time of the offense, the jury or court may find the defendant:
(a) Guilty;
(b) Not guilty;
(c) Not guilty by reason of insanity at the time of the offense; or
(d) Guilty but mentally ill at the time of the offense.
(2) A jury or court shall not return a verdict that finds the defendant:
(a) For one (1) count, not guilty by reason of insanity at the time of the offense; and
(b) For any other count arising out of a single course of conduct and tried during the same trial, guilty or guilty but mentally ill at the time of the offense.
(3) The court shall instruct the jury on the prohibition established i n subsection (2) of this section.
Effective: July 15, 2026
History: Amended 2026 Ky. Acts ch. 14, sec. 4, effective July 15, 2026. -- Created 1982 Ky. Acts ch. 113, sec. 7, effective July 15, 1982. Legislative Research Commission Note (7/15/2026). 2026 Ky. Acts ch. 14, sec. 6, provides that the Act, which amended this sect ion and KRS 439.3406, 504.020, 504.060, and 504.150, may be cited as Logan's Law.
KRS 504.130 Grounds for finding defendant guilty but mentally ill
504.130. Grounds for finding defendant guilty but mentally ill
(1) The defendant may be found guilty but mentally ill if:
(a) The prosecution proves beyond a reasonable doubt that the defendant is guilty of an offense; and
(b) The defendant proves by a preponderance of the evidence that he was mentally ill at the time of the offense.
(2) If the defendant waives his right to trial, the court may accept a plea of guilty but mentally ill if it finds that the defendant was mentally ill at the time of the offense.
Effective: July 15, 1982
History: Created 1982 Ky. Acts ch. 113, sec. 8, effective July 15, 1982.
KRS 504.140 Examination before sentencing
504.140. Examination before sentencing
If a defendant is found guilty but mentally ill, the court may appoint at least one (1) psychologist or psychiatrist to examine, treat and report on the defendant's mental condition at the time of sentencing.
Effective: July 15, 1988
History: Amended 1988 Ky. Acts ch. 139, sec. 18, effective July 15, 1988. -- Created 1982 Ky. Acts ch. 113, sec. 9, effective July 15, 1982.
KRS 504.150 Sentence for person found guilty but mentally ill -- Petition for ongoing treatment upon expiration of sentence
504.150. Sentence for person found guilty but mentally ill -- Petition for ongoing treatment upon expiration of sentence
(1) (a) The court shall sentence a defendant found guilty but mentally ill at the time of the offense to the local jail or to the department in the same manner as a defendant found guilty.
(b) If the defendant is found guilty but mentally ill, treatment shall be provided the defendant until the treating professional determines that the treatment is no longer necessary or until expiration of his or her sentence, whichever occurs first.
(c) If the treating professional determines that treatment is still necessary upon expiration of the defendant's sentence, the treating professional or the Commonwealth shall petition the sentencing cou rt for: 1. Involuntary hospitalization or admission under KRS Chapter 202A or 202B; or 2. Court-ordered community-based outpatient treatment under KRS Chapter 202A.
(2) Treatment shall be a condition of probation, shock probation, conditional discharge, parole, or conditional release so long as the defendant requires treatment for his or her mental illness in the opinion of his or her treating professional.
Effective: July 15, 2026
History: Amended 2026 Ky. Acts ch. 14, sec. 5, effective July 15, 2026. -- Amended 1992 Ky. Acts ch. 211, sec. 132, effective July 14, 1992. -- Amended 1988 Ky. Acts ch. 139, sec. 19, effective July 15, 1988. --Created 1982 Ky. Acts ch. 113, sec. 10, effective July 15, 1982. Legislative Research Commission Note (7/15/2026). 2026 Ky. Acts ch. 14, sec. 6, provides that the Act, which amended this section and KRS 439.3406, 504.020, 504.060, and 504.120, may be cited as Logan's Law.
Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=39368Fetched: 10/20/2026