KRS 202C.020: Petition for involuntary commitment proceeding -- Guardian ad litem --

Duty of Commonwealth's attorney. (Effective until October 1, 2026)

(1) When a defendant who is charged with a qualifying offense has been found, after a

hearing under KRS Chapter 504, to be incompetent to stand trial with no substantial

probability that the defendant will attain competency within three hundred sixty

(360) days, the Commonwealth's attorney's office serving the county of criminal

prosecution shall immediately p etition 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 the criminal prosecution, for an involuntary commitment

proceeding, to include an evidentiary heari ng and a commitment hearing, if

applicable, under this chapter.

(2) Upon the filing of the petition, the court shall assign a guardian ad litem to

represent the needs and best interest of the respondent. The guardian ad litem shall

be a full and active par ticipant in all proceedings other than the evidentiary hearing

under KRS 202C.030 and shall independently investigate, assess, and advocate for

the defendant's best interest. The guardian ad litem is not a replacement for the

defense attorney. If the defendant has retained or been appointed a defense attorney

in the criminal case, that attorney may continue to represent the defendant in

proceedings under this chapter. If, at any time during the pendency of proceedings

under this chapter, the defendant is no t represented by an attorney, the court shall

appoint counsel for the defendant, without a showing of indigency, to be provided

by the Department of Public Advocacy or its designee.

(3) The Circuit Court shall have exclusive jurisdiction over all proceedin gs under this

chapter.

Effective: April 1, 2021