KRS 202C.040: Commitment hearing -- Scheduling, and conduct of -- Participation by

Commonwealth's attorney, respondent, and guardian ad litem -- Standard of

proof -- Waiver of right to commitment hearing prohibited. (Effective until

October 1, 2026)

(1) A commitment hearing shall be held within twenty (20) days, excluding weekends

and holidays, after the court finds that the evidence presented in an evidentiary

hearing pursuant to KRS 202C.030 supports a finding that the respondent is guilty

of the charged crime against him or her by a preponderance of the evidence.

(2) The commitment hearing may be conducted in an informal manner, consistent with

orderly procedures, and in a physical setting not likely to have a harmful effect on

the mental or physical health of the respondent. The hearing may be held by the

court in chambers, at a forensic psychiatric facility, or other suitable place.

(3) The Commonwealth's attorney's office serving the county of criminal prosecution

which led to the finding that the respond ent was incompetent to stand trial shall

present evidence regarding whether the respondent meets the criteria for

involuntary commitment under KRS 202C.050. The respondent and the

respondent's guardian ad litem shall be afforded an opportunity to testify, to present

evidence, and to cross-examine any witnesses.

(4) The manner of proceeding and the rules of evidence shall be the same as those in

any criminal proceeding. The standard of proof shall be proof beyond a reasonable

doubt. Proceedings shall be hear d by the judge unless a party or the guardian ad

litem requests a jury.

(5) The respondent's right to the commitment hearing shall not be waived.

Effective: April 1, 2021