KRS 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 d efendant 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 immed iately 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.