KRS 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 disa bility 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 appre ciate 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 wi th 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 C hapter 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 i llness on an

inpatient or outpatient basis.