{"data":{"id":"us-ky/krs-202c.020","jurisdiction":"us-ky","citation":"KRS 202C.020","heading":"Petition for involuntary commitment proceeding -- Guardian ad litem --","body":"Duty of Commonwealth's attorney.  (Effective until October 1, 2026)\n(1) When a defendant who is charged with a qualifying offense has been found, after a\nhearing under KRS Chapter 504, to be incompetent to stand trial with no substantial\nprobability that the defendant will attain competency within three hundred sixty\n(360) days, the Commonwealth's attorney's office serving the county of criminal\nprosecution shall immediately p etition the Circuit Court that found the defendant\nincompetent to stand trial or, if the finding was by a District Court, the Circuit\nCourt in the county of the criminal prosecution, for an involuntary commitment\nproceeding, to include an evidentiary heari ng and a commitment hearing, if\napplicable, under this chapter.\n(2) Upon the filing of the petition, the court shall assign a guardian ad litem to\nrepresent the needs and best interest of the respondent. The guardian ad litem shall\nbe a full and active par ticipant in all proceedings other than the evidentiary hearing\nunder KRS 202C.030 and shall independently investigate, assess, and advocate for\nthe defendant's best interest. The guardian ad litem is not a replacement for the\ndefense attorney. If the defendant has retained or been appointed a defense attorney\nin the criminal case, that attorney may continue to represent the defendant in\nproceedings under this chapter. If, at any time during the pendency of proceedings\nunder this chapter, the defendant is no t represented by an attorney, the court shall\nappoint counsel for the defendant, without a showing of indigency, to be provided\nby the Department of Public Advocacy or its designee.\n(3) The Circuit Court shall have exclusive jurisdiction over all proceedin gs under this\nchapter.\nEffective: April 1, 2021","path":["KRS Chapter 202C"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=50866","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:00Z","sha256":"f80cc5302076ce13f8daebd24984a66935c42214563b115ed0ec874514ac24cf","source_id":"us-ky","stale":false,"prev":"us-ky/krs-202c.010","next":"us-ky/krs-202c.030"},"notice":"GroundRules: Original legal text. Not legal advice."}