KRS 532.135: Determination by court that defendant has a serious intellectual disability

or serious mental illness.

(1) At least one hundred twenty (120) days before trial, the defendant shall file a

motion with the trial court wherein the defendant may a llege that he or she is a

defendant with a serious intellectual disability or a defendant with serious mental

illness and present evidence with regard thereto. The Commonwealth may offer

evidence in rebuttal.

(2) At least ninety (90) days before the beginn ing of the trial, the court shall determine

whether or not the defendant is a defendant with a serious intellectual disability or a

defendant with serious mental illness, in accordance with the criteria set forth in

KRS 532.130.

(3) The decision of the court shall be placed in the record.

(4) The pretrial determination of the trial court shall not preclude the defendant from

raising any legal defense during the trial. If it is determined the defendant is a

defendant with a serious intellectual disability or a defendant with serious mental

illness, he or she shall be sentenced as provided in KRS 532.140.