KRS 202C.030: Evidentiary hearing, purposes and conduct of -- When subsequent

commitment hearing is required -- Evidence submitted by respondent

inadmissible in other criminal or civil cases. (Effective until October 1, 2026)

(1) An adversarial evidentiary h earing on the record shall be held within twenty (20)

days, excluding weekends and holidays, of the filing of a petition pursuant to KRS

202C.020. Appropriate notice shall be served on all parties. The court shall order

the Commonwealth to provide all avai lable discovery to the respondent no later

than seven (7) days, excluding weekends and holidays, before the hearing. No

evidence may be presented at the hearing that has not been disclosed through

discovery.

(2) The respondent may stipulate to potential gu ilt and waive the hearing. A stipulation

of potential guilt cannot be used against the respondent in any future criminal

prosecution or civil litigation.

(3) The purpose of the evidentiary hearing shall be to determine whether sufficient

evidence exists to support a finding that the respondent is guilty of the charged

crime against him or her. The Commonwealth's attorney's office serving the county

of criminal prosecution shall have the burden of proving the sufficiency of the

evidence by a preponderance of the evidence.

(4) The evidentiary hearing shall be held before a judge without a jury. The rules of

evidence shall apply. The respondent shall be permitted to present evidence and

cross examine witnesses. The respondent may present evidence of affirmative

defenses that could be raised at a criminal trial on the charged crime. The

Commonwealth shall not have the burden of disproving an affirmative defense. The

respondent must prove an affirmative defense by a preponderance of the evidence.

(5) (a) If the court determines that sufficient evidence has been presented to support a

finding that the respondent is guilty of the charged crime against him or her,

the court shall immediately schedule a commitment hearing under this chapter

within twenty (20) days, excluding weekends and holidays.

(b) The court shall cause the respondent to be examined without unnecessary

delay by two (2) qualified mental health professionals, at least one (1) of

whom is a physician. The qualified mental health professionals shall, with in

seven (7) days, excluding weekends and holidays, prior to the hearing, certify

to the court their findings as to whether the respondent meets the criteria for

involuntarily commitment under KRS 202C.050.

(6) If the court determines that insufficient evi dence has been presented to support a

finding that the respondent is guilty of the charged crime against him or her, the

court shall order the immediate release of the respondent.

(7) No evidence or statement submitted by the respondent at the evidentiary hearing

shall be admissible in any criminal prosecution or civil litigation.

Effective: April 1, 2021