KRS 504.130: Grounds for finding defendant guilty but mentally ill.

(1) The defendant may be found guilty but mentally ill if:

(a) The prosecution proves beyond a reasonable doubt that the defendant is guilty

of an offense; and

(b) The defendant proves by a preponderance of the evidence that he was

mentally ill at the time of the offense.

(2) If the defendant waives his right to trial, the court may accept a plea of guilty but

mentally ill if it finds that the defendant was mentally ill at the time of the offense.